Wednesday, July 13, 2011

Is this legal or is this malicious prosecution?

I will try to sum this up however to get the whole picture this might be long I am appealing my divorce because I got screwed. The ex wife tried real hard to convince me to drop the appeal however I had no intensions of doing so. Prior to the due date of the proof brief was due, she stated I would never see my step children again if I continued the appeal and she would make sure I paid the price for not doing so.. After working 2 months on it brief I chose not to send it in because I wanted to have a relationship with my step daughters who I raised for 7 years. It was a Thursday it was due and at the time my now ex-wife happen to be on vacation and didn't believe me that I didn’t file the brief. I was to contact her the following Saturday when she returned and discuss it. Saturday came and we exchanged text messages. In the text she told me she never was going to allow me to have a relationship with my step daughters.and stopped taking my calls. Obviously this made me not so happy and thus I called her an additional 10 times throughout the evening. This type of calling pattern has been what we do to each other its not abnormal for this to Accor. Well a week later I was walking across the street on a Saturday night out with friends and I was arrested in connection to the calls. Harassment in the third degree. In Iowa along with a Harassment charge a 5 year no contact order is also issued but only remains in effect if found guilty or a violation occurs. The ex wife knows all about this because she had done the same thing to her first ex who was the father of her children. All because she didnt want to see or talk with him. She also enjoyed placing him ion jail for false violations she had called in on him on more than a few occations. Knowing she didn’t have much of a harassment case against me she filed a false violation report with the police and a warrant was issued for my arrest. I found out about the warrant and the so called violation and contacted both the police department and the county attorney and told both it was made up and I had 3 alibi witnesses to confirm my story. The county attorney is right out of law school; and is very cocky. He didn’t address the call from me. I had a court date set up I scheduled to have the no contact order changed so I could attend my step daughters soccer games. Knowing a warrant had been issued I also knew the law states the nearest most assessable magistrate was to take care of it. At court I asked the judge to take care of the warrant so I could get on with my day and to set a show cause hearing like always. The judge stated she had no problem with doing that however the county attorney said he wanted me to "go downtown" and have it taken care of in the morning. I pointed out the law to both however the judge said she didn’t have to if she didn’t want to. So I was arrested at 10am and prior to leaving the county attorney said to me "lucky you I will be in court tomorrow". Well after sitting in jail over night I had my initial appearance and the county attorney stated the states position was to have me held on bond. A $1000 bond was set and I had to pay it to get out. I was found not guilty on the violation charge and I was pro se on the harassment charge in which the state refused to give me a bill of particulars. I filed a motion to dismiss because of lack of foundation and the court refused to address the motion. I filed a Motion to laminine and was denied that as well. A jury trial was held and I was found not guilty. All charges and the no contact order were dismissed The following day the county attorney filed another harassment charge on me that supposedly happened one week after the first. I also received a call from the county attorney stating I was never suppose to contact my ex wife again and no matter what I thought was a legitimate reason he felt nothing would be and stated he would file even more harassment charges on me if I ever did. To me he is not a judge. He does not have the right to tell me if my reasons for contacting her are legit or not. He filed the second harassment charges as a retaliation for beating him twice. The charge should have been already brought up with the first. He also is requesting jail time on this second one so he doesn’t have to get beat by a non lawer concrete worker in court again. Is it completely wrong that he filed additional charges a day after I was found not guilty of the first. The same defence will be used and I believe the same type of contact had been made with the ex wife. I had no reason at the time to change the way I acted because I had no idea the first charge had already been filed. Is it legal for the charges to be filed now when they should have been already filed along with the first charge?

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