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Fabricated information used to serve an Order of Protection-WITH PROOF

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PissedInAZ

Junior Member
What is the name of your state (only U.S. law)? Arizona


Buckle up, this is a long read!
I was served with a P.O. on 12/23/14 with false information for the reasons granted.

I'm probably giving too much unneeded information, but I'm just asking for any advice or insight I can gleam. I understand this is not legal advice in ANY WAY SHAPE OR FORM,but maybe someone here has possibly been through or has knowledge that may help

In 7/2013 I was arrested and charged for Assault w/ D.V. and Disorderly Conduct against my step daughter. Complete BS, and after money, time, more BS, and frustration to me and my wife, my case was been dismissed. There has been ongoing civil and family matters between my wife and her ex-husband. Except for the two times inside a State and County Court House, I have not spoken, contacted, or even seen my step daughter since around 8/2013. And even in the Court House, didn't even acknowledge the other family's presence.

I now have a P.O. against me, with false information. I'm going to try and format the sections to look exactly as they do on the P.O.-

3. Have you or the Defendant been charged or arrested for domestic violence OR requested a Protective Order?
[X] Yes [ ] No [ ] Not sure

If yes or not sure, explain: YADDA YADDA YADDA Grabbed me by the neck/throat and choked me out of his house

4. I need a Court order because:

Oxy Clean has military experience and has weapons. I am sacred for my life
every time I see him, I am afraid he will try and kill me
12/8/2014 Oxy Clean approached me at a court hearing and told me he will hurt me
outside of the court house
12/8/2014 Oxy Clean has military experience and has weapons. I am sacred for my life
every time I see him, I am afraid he will try and kill me



OK, so there's the info. I am Oxy Clean.

First-
In the police report, there is no mention of choking or strangling, and the step daughter statement to the Officers also confirm the fact that I DID NOT CHOKE OR STRANGLE HER.

On another note, during the subsequent visits with my wife at our house, before my first hearing, she told my wife that I did not do that also, which was recorded.

The statement that I approached her and threatened her is false. Utter bull****. Unfortunately, when I checked to see if the building had any cameras, only the court rooms and elevators are covered. Just my luck. So it's my word against hers. And maybe her brothers, grandmas and fathers, since they were there also.

On thing sticks out in my mind, though. Her father is an active duty L.E.O. and was present when I "threatened" her and knows everything about my case, including that if I were to THREATEN, HARM OR HARASS step daughter, that would be in direct violation of my probation. And wouldn't it seem to stand that they would go to the courts and inform them of such a deed, since she is scared for her life, and would want me put away?


I know the absolute best idea is to get an attorney, and I even talked with ones that handled my former case, but financially, due the this case, I can't afford them to represent me again right now, and there is a time frame for which I can get a hearing.

Is it possible to fight this on my own? Well, anythings possible, but realistically?


Any insight, comments, complaints, or general babble will be welcome!

:confused:
 


OHRoadwarrior

Senior Member
You have an even bigger problem. Have you discussed this with your probation officer? A successful protection order could be a violation of probation and you could be jailed again. I would find the money for that lawyer, even if its on the installment plan. You have one fact an impartial officer she gave the statement to can testify she is embellishing the original truth and a bunch of conjecture a lawyer could likely argue successfully was an attempt to get you re-incarcerated on a probation violation.
 

single317dad

Senior Member
What are you on probation for? When were you placed on probation?

How much truth was there to the original allegations?

Describe the entirety of the contact in and out of the courthouse on 12/8. Be completely honest. Think about witnesses you might call to testify to those events. Keep in mind that she may also have witnesses. If that encounter is damning in any way, you'd be best off to keep it to yourself and consult an attorney right away.

I'm having a bit of a hard time figuring why it's a protective order she's filed; why not go directly to a police officer (surely, there are many in the court house) and have you arrested right then and there?

What sort of contact have you had with the other family members, both past and recent? Is there conflict between you and Dad?
 
Last edited:

OHRoadwarrior

Senior Member
It sounds like all family members present will be found unreliable in a contested hearing, leaving only impartial witnesses, such as the officer I mentioned, to make any statements on the issue.
 

PissedInAZ

Junior Member
On my phone, it rally sucks for typing at any length!

My probation is complete and dismissed.

Can't remember the other questions, as the mobile version only shows my reply box.

I very much want to get my attorney back, but 5000 seems a bit high to fight a P.O., so I am looking in other places as of now.
 

Just Blue

Senior Member
On my phone, it rally sucks for typing at any length!

My probation is complete and dismissed.

Can't remember the other questions, as the mobile version only shows my reply box.

I very much want to get my attorney back, but 5000 seems a bit high to fight a P.O., so I am looking in other places as of now.
Read the questions when you get home and answer them all. Thank You.
Blue
 

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