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"Fraudulent" protective order?

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dadda11o

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

Ex-parte protective order covering petitioner, husband and child served on me.
Allegations: Stalking; contacting her husband

Incidents cited:
I showed up at my husband's work. Petitioner pulled into lot; we had conversation. Police came by, she was asked to leave after explanation (inappropriate relationship with husband). She claims "conversation became so heated, police responded and" I was asked to go on my way.

I left a counseling appointment; came out to my car. I saw her pull into lot across form me. I took pix with my phone (implied threat of harm to me since first incident). She pulled out; I left. I was behind her for probably 1-3 miles. At stop, she made u-turn and went back way we'd just come from. She claims I followed her 3/4 of the way to her home. I went home or may have stopped at store, but I thought she went back to building we'd been at.

I called the hospital she works at to complain of inappropriate relationship (after I had factual and convincing proof) between her and my husband. I had to make several calls at different times and talk with different people; but it never went anywhere. I told them I might picket the hospital regarding the incident (lawful, I understood, as long as I stayed within legal bounds).

Also stated that I had contacted her husband several times. I contacted him once by phone after I was told that he might harm me if I "made trouble" for his wife. It turned out that he was aware that something was going on. We talked and compared notes, wished each other well. He said I could contact him again if I needed to. After finding a long letter in my bedroom that my husband hid, I sent him an e-mail with the last page and the info that my husband had added a cell phone on our account for her to avoid detection when they communicated. He contacted me and wanted to meet; asked if he can have copy of letter. I agreed.

I don't want this petition just "hanging out" without the facts being more clear. I have audio of the conversation in the parking lot of my husband's work and assume I can check with the officer who came by regarding statement or appearance. I have the counseling receipt (which was actually for the situation going on with her). I have a legal right to complain about a breach of professional ethics-I was never provided a copy of their grievance policy, just passed from person to person. And I have the e-mails from husband requesting we meet. He was not a signatory party to the p.o; I doubt he knows it exists. Probably to keep me from recontacting him.

I don't think she can show or prove that I am/was stalking her, although someone told me you can get a p.o. against anyone if you feel threatened. Looking things up, but any guidance appreciated. Thanks.
 


justalayman

Senior Member
there should be a hearing set to allow you to respond to the action. So, you go into the hearing and present your side of the story. It sounds like you should at least bring a copy of the police report for the parking lot incident.

a PO is often granted on the word of the applicant (the ex parte situation) and stands until a full hearing can be scheduled. It doesn't mean they absolutely agree with the applicant but based on their claims, it is proper to issue a temp PO until a full hearing.


Picketing her work is not a good idea.
 

dadda11o

Member
Thank you. I really don't care to do the other. Just very tired of having to deal with so many problems from a person who shouldn't even be involved in my life.
 

dadda11o

Member
I spoke with the police officer today. Fortunately, I have a copy of the incident report and recording of the conversation. I guess I now need to check with the Court to find out how to best present the audio evidence. At any rate I can give them a transcript of the actual conversation. I am sending in a copy of the p.o. to add to the original complaint. It seems like either a retaliatory measure or one meant just to harass/intimidate me, but I can see where it could cause trouble if she were with my husband, around my kids and it stood as is. Sure, I suppose that she can have a relationship with my husband since his senses have apparently left him; but I don't think harassing patient's family members is the right thing to do. Advised to request p.o. against her. Apparently, some states will issue p.o. covering patient and family against health care practitioner if this sort of thing comes to light.
 

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