OP violation court hearing

[brknhearted]

What is the name of your state? TN

Okay, so I was here a few months ago asking advice regarding an OP violation I was charged with. I had my final hearing today in regards to these charges. Here is what occurred. The Class A Mis. was dropped because of a technicality in reference to the original OP not having any "findings of fact". It seems that the court which originally issued the OP didn't actually circle/strike any of the facts -- why? I'll never know but that worked in my advantage.

Then the actual contempt charge was heard, and the alleged victim admitted to making contact with me by dropping off my belongings at my workplace. She denied trying to call me though, and then my attorney brought up the e-mails she sent me -- she stated that she was just trying to wish me a happy birthday because she though it was a nice thing to do.

The judge was very irritated at her by this point because of her testimony being very vague and without evidence. She was also unable to explain her actions or why she waited nearly 2 months to issue the warrant. After she left the stand he murmured to the DA, "Why are you wasting my time?"

Her friend then took the stand and couldn't produce any evidence much like the AV. At which point my attorney (public defender) motioned for dismissal. The judge then gave the AV an earful for about 5 minutes and dismissed us.

I was running for the door before I knew it, I just wanted to leave. I didn't ask about what was going to happen next nor about having my record expunged. This should be free, correct? Also, what about having the OP dropped in the original county it was issued - given my evidence and this case I feel it would be a good idea to do so before I'm hassled anymore by this girl, her family or her new fiance.

I'm also considering taking her to small claims for the bail/bond money I spent, and the lost wages from the day I had to spend in jail (about $500). What would be the chances of me getting that?

Anyways, to those who knew of the original situation -- it worked out. I'm also still sober and working in the program of recovery and helping newcomers when I can. My life has transformed since this whole ordeal and I'm just so grateful it's behind me now.

 

[Hot Topic]

You're not going to get the money for missing work. The other is iffy.

Why would you want continued contact of any kind with the individual? Why not let her go her way, and you go yours? You sue, you win, she refuses to pay, and on and on you go.

Get on with your life.

 

[brknhearted]

You're not going to get the money for missing work. The other is iffy.

Why would you want continued contact of any kind with the individual? Why not let her go her way, and you go yours? You sue, you win, she refuses to pay, and on and on you go.

Get on with your life.

I'm on with it. I'm already dating someone else, who is much more mentally stable and trustworthy.

The whole issue is still unresolved though, I was dragged into court on malicious and false charges. Though I'm grateful for what happened because it was part of the reason I walked into the rooms of AA, I'm still in fear of her doing this again.

I also lost money because of this ordeal .. At this point I will most likely let it go, I'm just wondering if it's worth the trouble (I'm getting mixed advice from the people around me). Though the money isn't so much the issue -- this happening again is. I do have an OP on her now though, so I don't think her contacting me will be an issue. The only issue I think is the industry I work in it's quite possible for me to run into her or someone she knows and that causing problems.

I'm also still wondering about the charges being dropped, how I go about getting the arrest record and charges expunged completely and removed from my record for good? Without costing me more money.