Expert: Robin Sexton - 5/5/2008

Question
Someone filed harrassment charges against my son. He has never been in trouble with the law and only called one time to tell this guy not threaten his son. Do the police automatically believe the person who filed the charges without proof? What would constitute as proof? What kind of a process is my son looking at? He is a good person. The guy who filed the charges is trying to get out paying child support to his ex wife by causing trouble for her and my son. Your opinion and answers will greatly appreciated. Time is of the essence. I will look forward to your reply.

Answer
Cheik,

It is unfortunate what this person is trying to do to your son.  Harassment normally requires several non-consensual contacts between parties.  Most police officers do not and should not automatically believe the person making the allegation.  They are required to take it at face value though.  Without knowing exactly what this person is alleging against your son it is impossible to say what may or may not happen.  If it is telephone contact they should be checking telephone records to support what is being alleged.  Most crimes require more then just the victims word that something happened to be prosecuted. If the police are aware that this allegation is colored by a custody / support issue they will be even more skeptic.  Your son needs to be on his guard now.  Don't talk to this person without a witness being present or he should record.  He should not initiate contact.  Cooperation with the police is advisable.

I hope this helps, if you need more information please feel free.

Good Luck

Robin