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Proctective order problem

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R

RickT

Guest
I'm in Oklahoma & was recently served a temporary protective order from someone I've never met, but know. Without going into details, she said I have been stalking her, I can prove with no problem I haven't. I need to know if I can do something before the court date, what do do for preparation for court, and if there's any recourse for litigation for her doing this to me. Any advice iw appreciated.
Rick
 


dequeendistress

Senior Member
So this person singled you out? With what as a motive???

Stalking itself is quite difficult to prove and I feel that proving that you are not is equally if not more difficult. Providing she has videotaped evidence or several credible witnesses, detailed lists of occurrences, you may have some problems proving your innocence.

But, if you are indeed innocent and there is no stalking charge(you did not state if you were being charged with stalking) and the protective order is the first step, I would not sweat it too much. If you have been and continued to stalk with the protective order in effect, then you have BIG problems.

Your recourse, you may be able to pursue false charges being filed against you, and you may also find this too time consuming and expensive.
 
R

RickT

Guest
Thanks for the quick response. I never leave my house alone (personal problem) & my mother-in-law lives next door, not to mention my wife works from home so proof is easy. This person harassed my wife via e-mails from a state university. I asked her to stop several times & told her I'd have a attorney look into it & I/he world be in contact, she then threatened me. I then contacted the HR departmen where she works & informed them of her e-mails from work & she is being diciplined. I know she has no evidence of stalking & can't prove it. My problem is with my experience from the legal system from my termination, I know the system usually fails the common man and I'm sure since the's a doctor I'll be hearing more from her. She even recently was asked not to bring her foster dogs to a local Petsmart & decided to show up when she learned my wife was going to be there. She was asked to leave & her response was " The only way I'm leaving here is with you dragging me out, kicking & screaming!" This woman has some deep seeded emotional problems & it seems by trying to protect my wife from here horrible statements, I only encurred her wrath! My wife recently underwent gasteric bypass surgury (stomach stapling) & was told "they should have stapled your mouth shut instead!". I found this unacceptable & my wife was upset for days...
 

dequeendistress

Senior Member
Take the copies of the harrassing e mails with you to court and/or an attorney if you feel that she needs charges filed against her for harrassment.

Much of your recent post does not appeal to me... statements as the injustice of the justice system and the fact you threatened the woman with an attorney and now you claim she is retaliating against you...do not sit with me well. Mentioning because she is a doctor and that makes you sure you will continue to hear from her, is another example. I guess the reason for your mutual dislike of one another is irrelevant.

Plus you are the one who contacted her boss and you had to have spoken to her to threaten her with the retention of an attorney....remember YOU initiated these occurrences. Why did you not report the harrasing e-mails and the verbal harrasment to yourself and your spouse to the authorities?????

Keep to the facts while in court and leave the drivel out.
 
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R

RickT

Guest
I didn't feel as if this was a matter for the authorities. I figured she would let this go & she didn't. I asked her several times to stop & in the last e-mail I sent her I told her I would ask her employer to stop her. She let me know that since she was at work there was nothing anyone could do to her. I asked her employer to have her stop & I was going to just leave it alone. I never threatened this woman with legal action, I told her I was contacting a lawyer to protect myself & her volunteer organization from her & any other form of harassment she had to offer. I for one do not like to clutter up the courts with things like this & told her & her employer I had no intention of trying to seek any monetary gain from this even if I could. She took it upon herself to e-mail every animal rescue foundation in Tulsa & tell them she was going to get a protective order on me for threatening to kill her, something I did not or would ever do. She has since cost one person to leave the group since she won't stop bothering her as well. From the beginning I thought she would go away & leave us alone, this has not been the case.
 

dequeendistress

Senior Member
You mentioned termination in your second post, did this person play a hand in this....

I also do not understand how animal rights relate to your situation. But I do not expect a reply on this as it has no relation to your original question.

You state in your last post this person called every animal rescue foundation and threatened she was obtaining a protective order due to your threats.

So...Have you actually received notice that she filed for a protective order and have you been charged with stalking or terroristic threatening or WHAT???
 
R

RickT

Guest
I was served last night & have a court date on the 27th. I have not been arrested. She did not play any part in my termination. Also, she has never met me either since this started, or when she was associated with the rescue group.
 

dequeendistress

Senior Member
Quote: "Also, she has never met me either since this started"

So, she was meeting you before?

I am confused.

It appears that this order to appear is for the order of protection against you, no criminal charges being filed (not yet, anyway)

Present your facts to the judge and everything should be fine. If there is no contact by you, by a third party due to you, or other harrassment by you or due to you then if by some fluke the order is approved it really will not effect you will it?
 
R

RickT

Guest
I got in a hurry typing. What I meant was, she has never met me, nor has she ever seen me as far as I know. My wife said there's an outside chance she saw me at the shelter, once. I know I didn't do anything wrong & feel strongly the truth will come out in court. But, by some strange twist of fate, the judge upholds the order, I most likely will be charged with felony stalking, a sex crime.
 

dequeendistress

Senior Member
..felony stalking, a sex crime?????


Where do you get your information????

Ok I think you have been mis informed..

Typically the first step in charges of stalking IS to obtain a protection order and THEN if the person continues the behavior as defined per law THEN the person is charged and arrested for stalking and violation of the protection order.
 
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R

RickT

Guest
I never suprises me to be mis informed. I might be stressing this a little too much, especially since I've never met this woman. It's just an embarrassing dig on my self worth to have something like this lingering.
 

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