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    lovelyladynmyz's Avatar
    lovelyladynmyz Posts: 3, Reputation: 1
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    #1

    Feb 24, 2014, 05:28 AM
    No stalk order from his ex wife
    So I have a no stalk/no contact order against me from my fiancés ex wife. Got served with the plenary order just recently. Honestly I have no intention or care of ever seeing this woman or contacting her again so its not the order that bothers me. The sheriff who served me basically said anytime she's having a bad day she can say that any "private " call she gets she can say it was me, and my fiancé and her have children together. Another thing the sheriff said was she can use any text message or email he sends her and turn it around and say I was the one typing it, and I won't have any proof to back myself up?! She can just say at any given moment that I'm contacting her third party. My question is how do I protect myself from being wrongly accused? They'll just arrest me for my fiancé saying a simple "hello"? Anything and everything can be used against me, even if I do nothing wrong!

    Obviously her and him have to have contact for their kids sake but she can always make up stories that I told the kids something to say to her or about her, or what not, and by the way she has no voicemail on her phone. My fiancé was going to tell her strictly phone calls. No text messages or email so he can prove its him. But he can't do that when she doesn't answer her phone and if he has an urgent matter how is he supposed to let her know without it coming back on me??
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 24, 2014, 05:40 AM
    Was there a court hearing for this order? If so, why did you not argue against it? If there wasn't then you have the right to a hearing.

    However, the sheriff was partially trying to scare you. Yes she can claim any contact was from you. But before you can be convicted of violating the order, she will have to furnish proof to the court. And she can't prove that anonymous communication were from you or that texts from your fiancee's account were sent by you.
    lovelyladynmyz's Avatar
    lovelyladynmyz Posts: 3, Reputation: 1
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    #3

    Feb 24, 2014, 05:50 AM
    Hi. No I didn't go to the hearing.I started a new job that day before and honestly am not concerned about the order itself. I just don't feel like being arrested for any cough or sneeze
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 24, 2014, 05:56 AM
    Quote Originally Posted by lovelyladynmyz View Post
    Hi. No I didn't go to the hearing.I started a new job that day before and honestly am not concerned about the order itself. I just don't feel like being arrested for any cough or sneeze
    BIG mistake. You NEVER ignore a court hearing. And you should be worried about the order. It's the order that can get you arrested for any claim of violation. By not appearing you gave the judge no choice but to grant the order with any stipulations she wanted.

    If I were you, I would consult an attorney. While I doubt if she can get a conviction from unsubstantiated claims, she can get you arrested. What would your new job think if the police came and hauled you away.
    lovelyladynmyz's Avatar
    lovelyladynmyz Posts: 3, Reputation: 1
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    #5

    Feb 24, 2014, 06:04 AM
    My boss is aware of the situation. Talked to him about it already and work rules that if its court related I will have it excused. And how exactly does she Prove it was me?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 24, 2014, 07:13 AM
    That's the point, she can't prove it was you. That doesn't mean she can't file a complaint and have you brought in. Of course, if she does this a few times you can sue her for harassment.

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