Curiousity...

[CJane]

What is the name of your state? MO

The burden of proof to successfully prosecute this can be quite high. The state generally has to prove that the affidavit was made with malicious intent and that the subject provided the information knowing that it was false.

It's a tough case to make in most instances. Simply being wrong is not sufficient.

- Carl

I'm curious about this statement. Particularly the 'knowing it was false'.

If the person filling out the affidavit for an Ex Parte KNOWS due to his past profession (law enforcement officer) that his claims of harassment and stalking are untrue as NO CONTACT AT ALL has taken place... is that generally enough to at least begin to prove that the statements were KNOWINGLY FALSE?

I know it's naive to think that someone in the LE profession should be held to a higher standard of integrity and respect for the law and the courts than average folks, but does it sometimes happen?

I think that the RO filed against me WAS purely malicious and was, in fact, an effort to intimidate me into not filing for an increase in CS. However, I know that my 'feeling' isn't nearly so important as what can be proved.

SO... Ex parte affidavit states that I have harassed him AT HIS HOME. That I have stalked him AT HIS HOME. That I have repeatedly verbally abused him, etc.

He testified in our hearing that I have had NO DIRECT CONTACT with him since June of 2006.

So... drop it and let him get away with it, or pursue it?

 

[TinkerBelleLuvr]

What do you hope to gain by going against him?

Now, I agree that it was truly wrong on his part to have done it. I realize that an increase in child support (or not wanting one) is a strong motivator on his part.

Are you looking for a slap on his hand by the judge? Or for him to understand that this is an improper venue for venting his frustration?

 

[IndyDad1on1]

Have you already gone to court to dispute the allegations in the RO?

 

[CJane]

Have you already gone to court to dispute the allegations in the RO?

Yes. We went to court in Mid-December. He admitted in court that I've had no contact w/him at all since June of '06. He tried to convince the judge that I'm having him followed and that my posts here ABOUT him are somehow threatening TO him.

The judge informed him that she couldn't restrict my rights to free speech, even if that meant I talked badly about him online.

Fast forward to the judge continuing the ex parte (NOT issuing a full order of protection) to allow him to gather ANY evidence at all that his paranoia was founded. After all, his only 'proof' that I'm following him or having him followed was that he's noticed strange cars on his road.

ANYWAY... yes, we've gone to court, but it's not resolved.

What do you hope to gain by going against him?

Now, I agree that it was truly wrong on his part to have done it. I realize that an increase in child support (or not wanting one) is a strong motivator on his part.

Are you looking for a slap on his hand by the judge? Or for him to understand that this is an improper venue for venting his frustration?

Ya know, I don't know.

Right now, it's strictly academic... I don't like being intimidated, and I DO believe that as a former law enforcement officer he SHOULD face consequences for using 'the system' in an attempt to intimidate me. I guess that's the deal. He's done horrible things to people. He threatened me endlessly... threatened to plant drugs in my ex's car, threatened to plant drugs in friend's houses, threatened to disappear my kids... it was endless. And so I cut off all contact with him... and then out of the blue - with NO contact from me AT ALL - he's claiming that I am a threat to HIM?

I was perfectly happy having no contact with him and living my life only looking over my shoulder occasionally. So I guess that yeah, I want him to finally have to face a consequence for his crazy and irrational behavior.

So... I wanted to know if, as a former law enforcement officer, we could assume that he's familiar with the statutory definition of harassment and stalking and therefore KNEW that he was filing a false affidavit.

 

[IndyDad1on1]

As you know he can say all he wants that he feels threatened by you, but without at least examples that make sense, I don't think it will go much further.

Sounds like he thought his strongest argument was the online posts. Judge corrected that. As for the stalking, as a former law enforcement officer he should know to file a report. Also he should know that filing a false report is worst then filing a bogus RO.

Unless the judge seems to lean more your ex's way, I would not worry much about it.