Ex Parte

[new owner]

What is the name of your state?OH

Yes, its me again. I was served an order of protection. Says Ex Parte.
I know person went to courthouse on Friday the 15th to file. The papers
are dated by the judge on 7/18 stating a proceeding for an ex parte hearing came on 7/18. (the following is all original typed paperwork) And the court finds that the respondent has threatened the Petitioner with bodily harm, has caused mental distress, or has been convicted of or pleaded guilty to violation of section against the protected persons of this order.

Does this mean she filed on Friday was heard by the judge on Monday and lied saying I was threatening her to get this order?

 

[new owner]

I answered my own question. Yes, she did say I threatened her. Which is a bold faced lie. It is pretty scary that someone can file protection orders without proof.

 

[easementowner]

Just an fyi, that is what our neighbor did, but a second hearing was scheduled within a week of the initial hearing allowing my husband to respond. Was the order granted temporarily?

By the way, be sure to ask for costs when you go to court. When they deny your neighbor, they could be held accountable for your legal fees. We almost got reimbursement. The neighbor pleaded indigency and indicated he was going to bankruptcy court down the hall when our hearing was concluded. The judge told him that if we ended up in her court again (neighbor was going to get more witnessess and file again), the neighbor would need to bring his checkbook.

Are you amazed yet at what people can get away with?

 

[new owner]

reply to easementowner

Thank you, Yes very amazed that someone can lie to get this protection order. What's not to say she will lie to say I am there threatening her. I'm sure that is her next step. God forbid. Yes it is temporary, until my hearing with the neighbor on the 29th. If you remember my earlier posting, my neighbor started with the civil stalking protection order-looked into my background-found that I had problems with this other girl in 2000. Now they are in cahoots together.
Just called a new lawyer, by phone book, one by one. Charging me $750.
So now I'm checking my Credit Card to make sure I have cash funds. So stupid I have to pay because this all started with me wanting my land after buying house. Thanks for the help.

 

[ms.magoo]

I'd tell that Judge that her claim is frivoliuos an that it is YOU that is being threatened by her actions. To please dismiss her claim an throw it out of the court. Or also ask that she also be put on a restraining order as well, as she is the one that is bringing this matter to court. Good luck on your court date.

 

[new owner]

lost

Unfortunately, we lost on the CPO. The neighbor and her sister got one. I asked my lawyer what we could do, and he said we could try to appeal but could not give me a cost on what that would be. We had a woman magistrate. My lawyer said may have won if it was a man. But Oh Well! Any suggestions? What happens with an appeal?

 

[ms.magoo]

Well I can only tell you from my legal angle, in my own country, that in order to file an appeal, you will need to do it before 30 days, an also you will need to have that transcript of the last court appearance, which migth cost you a bit of money. Depending on how long that session in court was. And if you do file that appeal, I would start getting some good witnesses together, to show that your of good character. Also, if you get written statements from your witnesses, make dang sure that they are notarized. That way a Judge cannot throw them out of the court as being hearsay.