Legal Question in Criminal Law in Massachusetts

Re: acussed of criminal hrassment

1. What you consider proof must be in line with the criminal rules of evidence.

2. I assume that a criminal complaint or application for criminal complaint has issued. If I am wrong, let me know.

3. You have not said where in the criminal process your are.

4. If you prevail, and the complaint is dismissed or the action is dismissed, you have two possible remedies, (a) ask to file a complaint for a false police report, and/or (b) file a civil action against her.

Other facts and information could alter or expand my view of your options. You are welcome to contact me for further discussion.

Re: acussed of criminal hrassment

If there is already a criminal case against you, in other words if there is a complaint and you were arraigned, then you would not need to prove anything, it is the state's responsibility to prove that you committed the offenses beyond a reasonable doubt, not vice versa. If you are at the stage where there is merely an application for complaint (ie. Clerk's Hearing is coming up) then your accuser would merely need to show that there is probable cause to believe that you committed the offenses. Clerk's Hearings are low key, very informal, but the burden of proof is low, so there you may have to attempt to disprove your accuser's allegations. You mentioned that there is already a restraining order against you -- that's not a good sign if you already had your hearing. That means that a judge had reason to believe that you were a threat to this person and that she was in fear of serious and imminent physical harm. If your Restraining Order hearing is still coming up, retain an attorney to make sure that the RO is not extended. In any event if all criminal charges are dropped or you are acquitted, you may have a civil cause of action against this person for abuse of process or malicious prosecution. Good luck.