Can someone file harassment charge even if that person is not the one who is being harassed? 6 Answers as of February 01, 2012
My friend's ex husband came online and is accusing my friend of doing illegal things in his business. My friend has had problems with him before and they had a nasty divorce and custody battle. My friend wants to file harassment charges against her ex husband. Can she do that when I am the one he contacted. Also, will I be involved if she does file harassment against him?Free Case Evaluation by a Local Lawyer!
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Law Office of Jared Altman | Jared Altman
The complaining party should be the one who was harassed.
Answer Applies to: New York
Replied: 2/1/2012
Lutwin & Lutwin, LLP | Joel M. Lutwin
Your friend has to be the one who files charges-and if she was not directly harrased no crime was committed-however accusing someone of the commision of a crime is defamation- if in writing it is libel -get a lawyer.
Answer Applies to: New York
Replied: 2/1/2012
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
If she is not being harassed, she has no complaint. It is you who must feel harassed, annoyed, alarmed or threatened to the point where YOU would want to file a complaint. Tell her to take care of her own business.
Answer Applies to: New York
Replied: 2/1/2012
Law Offices of John Carney | John Carney
You can only go to the police if someone has harassed you. They will determine if you have been harassed and if they want to have an arrest warrant signed. Harassment is usually a direct threat, not just an accusation.
Answer Applies to: New York
Replied: 1/31/2012
Law Office of Richard Southard | Richard C Southard
Typically the one being harassed is the one that files a complaint. I don't see how the police can proceed, should they take this seriously, without your involvement. Of course, you are not obligated to cooperate with the police in their investigation without a subpoena which I doubt they would obtain.
Answer Applies to: New York
Replied: 1/31/2012
Raiser & Kenniff, PC | Steve Raiser
Theoretically someone can file charges against another person as a witness to a crime. However, if as in this case the "victim" or the one being harassed is not cooperating with the police and does not wish to press charges, it is unlikely the police would proceed with that case.
Answer Applies to: New York
Replied: 1/31/2012
