Legal Question in Criminal Law in Mississippi

I have been charged with telephone harrasment. My ex girlfriend filed these charges stating i have been harrasing her via phone, i am guilty BUT we have a child together were she hasnt allowed me to see for 10 months and will not respond to me when i call nor text or email i dont have a clue where she lives i pay child support through mississippi DHS they want give me an exact address but if i call her she presses charges for harrasment by telephone where do i stand in this matter

Asked on 10/30/13, 8:55 am

1 Answer from Attorneys

Wayne Woodall Wayne Woodall Attorney
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Telephone harassment in Mississippi is controlled by Section 87-29-45 Miss. Code. In order to be guilty you must cause a lewd telephone call to be conducted. or in the alternative you must make a call with a threat to harm, terrify, intimidate or harass the person receiving such call. Additionally you can be convicted of this crime by making repeated calls (whether you speak or not is not important) where the number of calls is excessive and is intended to harass her.In effect, if you think you are guilty of the offense you probably are. What you NEED to do is to file a lawsuit against her in the Chancery Court of the county where she resides or the county where the child resides (if different) and ask the Court to set a reasonable amount as child support while also setting a reasonable period of visitation between you and the child. At that opportunity you could also ask the Court to adjust the child support. If she continues to interfere with your visitation you should consider asking the Court to allow YOU to have full physical custody of the child (if you can manage that) and let her pay YOU support. In that regard you would be able to develop a relationship with the child.

Unless the prosecutor can show your primary intent was to harass her, you should enter a Not Guilty plea to the charge. I would ask the Court to subpoena her to the Court and put her on the witness stand to make her admit she has unlawfully withheld the child from you and find out during those questions where she resides with the child.

At least then you will know where they live.

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Answered on 10/30/13, 9:36 am

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