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How many times can he file a Motion to Dismiss??

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SPNAge

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

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

I have been harassed and cyber-stalked by an ex boyfriend for over 2 years. After SEVEN court appearances (and changes in FL Cyberstalking laws) I finally got a PERMANENT ORDER OF PROTECTION last August (2013). In December he filed a MTD; In January, we had FOUR appearances in front of a judge, and his Motion was DENIED. Now, an March 3, 2014 ..... less than 45 days after the DENIAL ..... he's filed again. I don't get to see on what grounds until I get to court in April.

But my question is basic; how many times/how often can he file a Motion to Dismiss? When I read the FL statutes, it says "The Petitioner or the Respondent can move the court to modify or dissolve an injunction at any time" ...... but isn't what he's doing just another form of harassment? And it's costing the taxpayers $$. If he planned to leave me alone, what difference does a piece of paper make? Fact is, in January when the judge asked him if he was planning to continue this course of conduct, his answer was "if I won't get in trouble...." which is when the judge [finally] DENIED his motion.

The thing is, Cyberstalking is really hard to prove. He hacked my emails (and sent hate mail as if it came from me); he had my banking records forwarded to his brothers address in MI; he contacted the wife of a colleague I haven't worked with for over 25 years, telling her I was her husband's lover in a delusional rant; he's sent packages; he's hacked facebook, linkedin, gmail, Hotmail, yahoo and my cell phone records. It's been 2 years of misery, and I know now that he will NEVER STOP.

Any advise?
 


Proserpina

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

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

I have been harassed and cyber-stalked by an ex boyfriend for over 2 years. After SEVEN court appearances (and changes in FL Cyberstalking laws) I finally got a PERMANENT ORDER OF PROTECTION last August (2013). In December he filed a MTD; In January, we had FOUR appearances in front of a judge, and his Motion was DENIED. Now, an March 3, 2014 ..... less than 45 days after the DENIAL ..... he's filed again. I don't get to see on what grounds until I get to court in April.

But my question is basic; how many times/how often can he file a Motion to Dismiss? When I read the FL statutes, it says "The Petitioner or the Respondent can move the court to modify or dissolve an injunction at any time" ...... but isn't what he's doing just another form of harassment? And it's costing the taxpayers $$. If he planned to leave me alone, what difference does a piece of paper make? Fact is, in January when the judge asked him if he was planning to continue this course of conduct, his answer was "if I won't get in trouble...." which is when the judge [finally] DENIED his motion.

The thing is, Cyberstalking is really hard to prove. He hacked my emails (and sent hate mail as if it came from me); he had my banking records forwarded to his brothers address in MI; he contacted the wife of a colleague I haven't worked with for over 25 years, telling her I was her husband's lover in a delusional rant; he's sent packages; he's hacked facebook, linkedin, gmail, Hotmail, yahoo and my cell phone records. It's been 2 years of misery, and I know now that he will NEVER STOP.

Any advise?

Yes, it can be seen as a form of harassment - but he cannot be restrained from ever filing a dismissal again and unfortunately this is classic abuser mentality. I'm not convinced that there's nothing you can do though. I know it's handing over money for what is essentially nonsense, but it might be worth sitting down with an attorney to see what you can do.

There are several incredibly well-informed abuse survivors (and I do consider stalking to be abuse) on the boards though so stick around to see if someone can offer more than I have.
 

stealth2

Under the Radar Member
Ask the lawyer about requesting he be ordered to pay your legal fees as well as lost wages for court appearances. He may stop when it starts hitting his wallet.
 
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single317dad

Senior Member
If he planned to leave me alone, what difference does a piece of paper make?
To address only this one question: That piece of paper is worth a quick trip to jail. If I were in his shoes, I'd definitely try to get the order dismissed, and I'd advise him to do the same. Bumping into someone you don't like at the grocery store is awkward; that same situation is a possible arrest and prosecution when a protective order is in place.

He may very well deserve to have a protective order against him (apparently the judge thought so), but it is still in his best interest to have it dismissed. I'm not advocating for the guy here, I'm just telling you why someone would go to these lengths.
 

Gracie3787

Senior Member
Definately get a consult with an attorney. Since the motion was recently denied, you might be able to get his motion dismissed or denied as res judicata.
 

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