Harasser filed claims against me

[mizzmck]

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

For the last 12 months I have been sexually harassed and stalked. I've been attending a university and living on campus so the actions I have taken have been in accordance with University policy, (i.e. no-contact orders, etc). Unfortunately my harasser has graduated and there is nothing more they can do so I have had to seek official charges. In the mean time, and within the last two weeks, he has filed a small claims case against me in the amount of the $3k!

He claims I have things that belong to him which is not the case. He has made suggestions of buying me gifts for me in the past and being with me but I want nothing to do with him. We have had no relationship what-so-ever and only know each other because we had a class together for 1 semester. He claims I have a PS3, Xbox360 and accessories, and that I physically and verbally assaulted him - which outside of self defense, is partially true but not to the extremes that he has written in his statement. I want to file a counter-claim for sunglasses of mine has taken off my head and broken, and am wondering if I can include an amount for emotional damages; because the things he lists are in no way amounting to $3k so is he including emotional damages too?

I have text messages and emails from him along with over 20 minutes of recorded voicemails from the past 12 months, and my correspondence with the University regarding his behavior. I am worried how he can possibly prove he has bought these things and how I can prove I do not have them. I am hoping his history and the restraining order I hope to receive is enough to convince the judge that he has been threatening me as I'm sure the only reason he is subpoenaing me in court is so he can see me since I have refused to see him. I do not want to see him! If I get a restraining order against him, am I still required to show up in court?

Any advice is greatly appreciated.

 

[jrae3603]

Don't worry

He can't prove anything, you can. When it goes to court (make sure you counter-sue, include emotional torment for damages) you have hard evidence and the judge will grant in your favor. GL

 

[Some Random Guy]

I do not want to see him! If I get a restraining order against him, am I still required to show up in court?

Yes, if you do not show up in court he will get a default judgment against you and you will owe him the $3000.

He can't prove anything, you can. When it goes to court (make sure you counter-sue, include emotional torment for damages) you have hard evidence and the judge will grant in your favor. GL

I fail to see from her posts that she can prove that she does not have the items in question. You can suppose that she would not have items given to her by a person she has a restraining order against, but that is not proof.

And as for counter-suing for emotional torment, there are two reasons for this being a worthless idea:

1. The "emotional torment" of being sued has no financial value which small claims court can address.

From Franklin County, Ohio's small claims info:
"The court does not have jurisdiction over actions for libel, slander, malicious prosecution, abuse of (legal) process. No punitive damages may be awarded except in cases brought specifically under the Revised
Code sections 1345.09 and 1345.48."

2. There is a very high burden for proving that a lawsuit is harassment. This would involve both proving the allegations to be false and then proving that it was filed with malicious intent. Any such endeavor would invlove significant expense and time in court with the harasser.

I want to file a counter-claim for sunglasses of mine has taken off my head and broken,

Unless these are very very expensive sunglasses, then it would not be worth the filing expenses and time to argue this matter. It would have been better to have addressed this as a police report of theft/property damage at the time the incident occurred.

 

[mizzmck]

Thanks

Thank you both for responding. I read that same quote about libel/slander for the same area court I'll be having my case in. In his statement he says I told other people what he was doing and shared his voicemails with my friends in order to humiliate him. Is that even something he can even take to court? First of all, he left the voicemails on my machine, and though I did share them with friends, it was non-malicious and an effort to raise awareness and get help. I feel like the voicemails are my property and am trying to find any legal evidence to support that. All I can find though is that it is legal for me to record conversations without another persons consent in the state of ohio.

 

[Some Random Guy]

In his statement he says I told other people what he was doing and shared his voicemails with my friends in order to humiliate him. Is that even something he can even take to court?

You can be sued by anyone at any time. The question is whether he will prevail.
Saying truthful things about someone or giving your opinion is not defamation or libel. It can however be harassment or an invasion of privacy (playing the voicemails). However, any such suit woiuld be significantly expensive with no concrete damages to sue for. If such a suit is filed against you, contact a lawyer who can determine if the suit has any merit and whether you have any chance of getting him to pay for your legal costs for filing a frivolous suit.

First of all, he left the voicemails on my machine, and though I did share them with friends, it was non-malicious and an effort to raise awareness and get help. I feel like the voicemails are my property and am trying to find any legal evidence to support that. All I can find though is that it is legal for me to record conversations without another persons consent in the state of ohio.

Recording of the voicemails is not an issue. He knowingly allowed the recordings by talking to the machine. The question is whether the playing of them is an invasion of privacy.


The Ohio Supreme Court recognized three types of invasion-of-privacy claims in Housh v. Peth: "[1] the unwarranted appropriation or exploitation of one's personality, [2] the publicizing of one's private affairs with which the public has no legitimate concern, or [3] the wrongful intrusion in one's private activities in such a manner as to outrage or cause mental suffering, shame or humiliation to a person of ordinary sensibilities."

Your actions of playing the voicemail would fall under #2, but you can counter that you played them for select friends familiar with him in order to serve a legitimate purpose (get him help or warn your friends) and didn't widely disseminate them to the public.