False stalking protection order

[Sruff1978]

Jurisdiction

Louisiana

I have been falsely accused of calling from unknown numbers, stalking and/or harassing a person for several days up to Jan 10, 2017 at 12:25 p.m. per the petition. This person said that I have threatened them, passed by their house and also went on to say that I said that I would continue to do so and that I will not stop. The protection order was served to me at work in the middle of clinic. Can I sue for defamation, intentional infliction of emotional distress, malicious abuse of process, fraud and/or false light? Please advise! Thank you in advance.

 

[army judge]

I have been falsely accused of calling from unknown numbers, stalking and/or harassing a person for several days up to Jan 10, 2017 at 12:25 p.m. per the petition. This person said that I have threatened them, passed by their house and also went on to say that I said that I would continue to do so and that I will not stop. The protection order was served to me at work in the middle of clinic. Can I sue for defamation, intentional infliction of emotional distress, malicious abuse of process, fraud and/or false light? Please advise! Thank you in advance.

No, you can't sue someone SUCCESSFULLY for lawfully seeking and obtaining a valid court order.

You can file a motion to argue before the issuing judge why the order should be recalled.

That is, if the judge will hear your motion.

By the way, those orders don't get issued because Egbert shows up demanding I issue an order of protection against Hilda.

Egbert has to offer up proof as to why Hilda should be enjoined from further harassing, stalking, annoying, or disturbing him.

Hilda was notified about the proceeding for the permanent order to issue.
If Hilda chose not to attend, Egbert receives the order in default.

Test me, I'm a judge.
I've issued those orders.
The orders don't issue based on allegations.
The orders issue based upon facts.
You'd be surprised how easy it is these days to PROVE Jack harassed Juan.

If your actions were severe enough, you might even find yourself facing criminal charges.

 

[Sruff1978]

I'm not trying to test anyone. I apologize if it seems that way. But I have proof. Time cards from work and we also have security cameras at work and what ever is needed such as my phone records and my supervisor at work is having their phone company pull records as well, because they said I called them from my job and hung up, to prove that these allegations are false. If someone is doing this to them it's not me. I also have proof that they called me from someone else's phone 2 days after the the date the order was signed trying to taunt me when I had just picked up my daughter from school. Why are they calling me laughing and taunting if I'm the person who they say is harassing them? I have copies of texts they sent from another persons phone trying to start something with me months before this came about but I didn't do or say anything. If I can't sue that's not a big deal but what can I do to keep this person from doing this again in the future?

No, you can't sue someone SUCCESSFULLY for lawfully seeking and obtaining a valid court order.

You can file a motion to argue before the issuing judge why the order should be recalled.

That is, if the judge will hear your motion.

By the way, those orders don't get issued because Egbert shows up demanding I issue an order of protection against Hilda.

Egbert has to offer up proof as to why Hilda should be enjoined from further harassing, stalking, annoying, or disturbing him.

Hilda was notified about the proceeding for the permanent order to issue.
If Hilda chose not to attend, Egbert receives the order in default.

Test me, I'm a judge.
I've issued those orders.
The orders don't issue based on allegations.
The orders issue based upon facts.
You'd be surprised how easy it is these days to PROVE Jack harassed Juan.

If your actions were severe enough, you might even find yourself facing criminal charges.[/

 

[leslie82]

I'm not trying to test anyone. I apologize if it seems that way. But I have proof. Time cards from work and we also have security cameras at work and what ever is needed such as my phone records and my supervisor at work is having their phone company pull records as well, because they said I called them from my job and hung up, to prove that these allegations are false. If someone is doing this to them it's not me. I also have proof that they called me from someone else's phone 2 days after the the date the order was signed trying to taunt me when I had just picked up my daughter from school. Why are they calling me laughing and taunting if I'm the person who they say is harassing them? I have copies of texts they sent from another persons phone trying to start something with me months before this came about but I didn't do or say anything. If I can't sue that's not a big deal but what can I do to keep this person from doing this again in the future?

So is it a permanent order or did they notify you of the temporary order and there is a hearing for the permanent order?

The time for you to have disputed this was at the hearing to determine whether to issue the final order. If you missed that hearing, the petitioner gets the order because you aren't there to contest it.

Why didn't you report them if they were harassing you first? You can sue anyone you want doesn't mean you'll win.

 

[Sruff1978]

I just received the order for court this past Friday. The court date is Feb 15.

So is it a permanent order or did they notify you of the temporary order and there is a hearing for the permanent order?

The time for you to have disputed this was at the hearing to determine whether to issue the final order. If you missed that hearing, the petitioner gets the order because you aren't there to contest it.

Why didn't you report them if they were harassing you first? You can sue anyone you want doesn't mean you'll win.

 

[leslie82]

I just received the order for court this past Friday. The court date is Feb 15.

So sounds like they only got issued a temporary order. What you do is make sure that you make it to court on that date and bring any evidence with you that shows that you could not have possibly harassed or stalked the person on the dates or times they allege because you were somewhere else.

 

[Sruff1978]

Thank you. The only reason I asked about suing is because the order was issued at my job which 1. is embarrassing and 2. because I have been having anxiety about this ever since. If its not worth it I won't worry about it.

 

[leslie82]

Thank you. The only reason I asked about suing is because the order was issued at my job which 1. is embarrassing and 2. because I have been having anxiety about this ever since. If its not worth it I won't worry about it.

When did I say it's not worth it? I said make sure you show up to that court date OR you will have a permanent order of protection against you for at least a year. I don't know what the judge will say. But if you have proof that you could not have harassed the person at those times.

 

[Sruff1978]

I'm sorry, I didn't mean that you said that it's not worth it. I was just wondering that's all. I'm so sorry if my post came off that way . I do have everything that I need to present to the judge. Thank you so much for your advice. I really appreciate it!

When did I say it's not worth it? I said make sure you show up to that court date OR you will have a permanent order of protection against you for at least a year. I don't know what the judge will say. But if you have proof that you could not have harassed the person at those times.

 

[StepMom2015]

No, you can't sue someone SUCCESSFULLY for lawfully seeking and obtaining a valid court order.

You can file a motion to argue before the issuing judge why the order should be recalled.

That is, if the judge will hear your motion.

By the way, those orders don't get issued because Egbert shows up demanding I issue an order of protection against Hilda.

Egbert has to offer up proof as to why Hilda should be enjoined from further harassing, stalking, annoying, or disturbing him.

Hilda was notified about the proceeding for the permanent order to issue.
If Hilda chose not to attend, Egbert receives the order in default.

Test me, I'm a judge.
I've issued those orders.
The orders don't issue based on allegations.
The orders issue based upon facts.
You'd be surprised how easy it is these days to PROVE Jack harassed Juan.

If your actions were severe enough, you might even find yourself facing criminal charges.

Judge,
I am seeking answer on a similar type of question.
I am a parent in midst of custody trial litigation. the other parties spouse has been making things so difficult to just pick up the children (yes we have tried exchanges at police station he wont agree to it now) and has tried to attack me on multiple occasions but never GOT to me. scared me yes, for no legitimate reason, yells obscenities loud enough for neighbors to open closed doors, this is always in front of the children, each time says the worst cuss words imaginable, threatens they are going to kick my ass, tells me off, has to be restrained, flips me off. its just ridiculous. Now she claims she got a ex parte against me?! This was just the other day, I have no knowledge of truth at this point but I can say without a doubt that there is ZERO reason for her to have one and every reason for me to. I did try to get one in December for these same reasons. the judge in the court would not let me present any evidence I had, said the 2 prior full orders of protection against her from childrens parents were invalid, they both lied completely about the events - they had a lawyer and I didn't. Ran all over me and I didn't get anything except a power hungry amped up version of before. It is to the point where I can not pick up my children without being in fear and my children are so tired of all the drama that she brings out - blaming me of course - that they will do anything to get her to stop, including say they don't want visits. This has become a psychologically abusive situation at this point for the children as the constant denigration and DEMANDING that the spouse and children stand up for her and what she wants is leading to being erased from my childrens life because nobody can deal with her - even when it is violating the court order EVERY TIME they go along with her. Unfortunately I don't have the full funds to obtain an attorney with the $5000 minimum theyre requesting, but I am very afraid that if she actually got an ex parte that there will 1- this will affect my government job and the MANY organizations i work for 2- of course there will be more lies and I will end up in jail as everything she does is offensive and attacking and she is on a power trip because shes is even getting the kids running around trying anything to get her drama to stop and they are trying to protect their dad. She has even demanded that he not see the children in the past "unless they respect her and appreciate her" - and he complied - this went on for 6 months to a year - so they are very afraid of losing their dad again if they don't agree with her demands. They were traumatized and begged to see him constantly. They are in weekly therapy and unfortunately the therapist is doing nothing and he wont agree to change therapists. PLEASE HELP MY CHILDREN ARE SUFFERING and I haven't seen them for 20 days because of this constant drama... he plays the "they don't want to see you card" which is for the benefit of escaping drama. she has stated that HIM ABIDING BY THE COURT ORDER IS HIM BEING CONTROLLED BY ME. She literally cannot mentally handle abiding by the law. I am so scared she actually got an order and the judge is not going to listen again and my entire life will be destroyed. My children, my work, my passion in volunteering organziations. I am devastated about not being able to do anything to help my children.

 

[army judge]

Judge,
I am seeking answer on a similar type of question.
I am a parent in midst of custody trial litigation. the other parties spouse has been making things so difficult to just pick up the children (yes we have tried exchanges at police station he wont agree to it now) and has tried to attack me on multiple occasions but never GOT to me. scared me yes, for no legitimate reason, yells obscenities loud enough for neighbors to open closed doors, this is always in front of the children, each time says the worst cuss words imaginable, threatens they are going to kick my ass, tells me off, has to be restrained, flips me off. its just ridiculous. Now she claims she got a ex parte against me?! This was just the other day, I have no knowledge of truth at this point but I can say without a doubt that there is ZERO reason for her to have one and every reason for me to. I did try to get one in December for these same reasons. the judge in the court would not let me present any evidence I had, said the 2 prior full orders of protection against her from childrens parents were invalid, they both lied completely about the events - they had a lawyer and I didn't. Ran all over me and I didn't get anything except a power hungry amped up version of before. It is to the point where I can not pick up my children without being in fear and my children are so tired of all the drama that she brings out - blaming me of course - that they will do anything to get her to stop, including say they don't want visits. This has become a psychologically abusive situation at this point for the children as the constant denigration and DEMANDING that the spouse and children stand up for her and what she wants is leading to being erased from my childrens life because nobody can deal with her - even when it is violating the court order EVERY TIME they go along with her. Unfortunately I don't have the full funds to obtain an attorney with the $5000 minimum theyre requesting, but I am very afraid that if she actually got an ex parte that there will 1- this will affect my government job and the MANY organizations i work for 2- of course there will be more lies and I will end up in jail as everything she does is offensive and attacking and she is on a power trip because shes is even getting the kids running around trying anything to get her drama to stop and they are trying to protect their dad. She has even demanded that he not see the children in the past "unless they respect her and appreciate her" - and he complied - this went on for 6 months to a year - so they are very afraid of losing their dad again if they don't agree with her demands. They were traumatized and begged to see him constantly. They are in weekly therapy and unfortunately the therapist is doing nothing and he wont agree to change therapists. PLEASE HELP MY CHILDREN ARE SUFFERING and I haven't seen them for 20 days because of this constant drama... he plays the "they don't want to see you card" which is for the benefit of escaping drama. she has stated that HIM ABIDING BY THE COURT ORDER IS HIM BEING CONTROLLED BY ME. She literally cannot mentally handle abiding by the law. I am so scared she actually got an order and the judge is not going to listen again and my entire life will be destroyed. My children, my work, my passion in volunteering organziations. I am devastated about not being able to do anything to help my children.

You'll need to hire a lawyer.
As you've discovered, the judge ignores you, silences you, and you suffer.

You need a person to advocate aggressively for you.

That person is the lawyer you hire.

You can take an independent person with you to video the exchanges.
If the other party is violating the order, document it.
Again, video it, using a newspaper to prove the date.
Never engage an idiot, avoid the idiot.
The idiot doesn't care, while you do.
It'll take time, but its what you must endure to maintain that band with your babies.
Keep a written journal, document things there, too.
Date, time, location, etc...write it down, sign it!

You are building your case.
One day you'll prevail.
Don't let quarrelsome people beat you down.
Good luck.

 

[mightymoose]

You hijacked an old thread and may not get many responses here. You may want to start your own from the beginning.

I skimmed over much of what you wrote but I have two comments.

1. If the court issued any order against you it would have to be served on you before it would be enforceable. If you have received nothing then don't worry about it. It's likely a load of crap.

2. You should not be dealing with the ex's spouse. This person has no say-so whatsoever and should be completely disregarded.

 

[leslie82]

Judge,
I am seeking answer on a similar type of question.
I am a parent in midst of custody trial litigation. the other parties spouse has been making things so difficult to just pick up the children (yes we have tried exchanges at police station he wont agree to it now) and has tried to attack me on multiple occasions but never GOT to me. scared me yes, for no legitimate reason, yells obscenities loud enough for neighbors to open closed doors, this is always in front of the children, each time says the worst cuss words imaginable, threatens they are going to kick my ass, tells me off, has to be restrained, flips me off. its just ridiculous. Now she claims she got a ex parte against me?! This was just the other day, I have no knowledge of truth at this point but I can say without a doubt that there is ZERO reason for her to have one and every reason for me to. I did try to get one in December for these same reasons. the judge in the court would not let me present any evidence I had, said the 2 prior full orders of protection against her from childrens parents were invalid, they both lied completely about the events - they had a lawyer and I didn't. Ran all over me and I didn't get anything except a power hungry amped up version of before. It is to the point where I can not pick up my children without being in fear and my children are so tired of all the drama that she brings out - blaming me of course - that they will do anything to get her to stop, including say they don't want visits. This has become a psychologically abusive situation at this point for the children as the constant denigration and DEMANDING that the spouse and children stand up for her and what she wants is leading to being erased from my childrens life because nobody can deal with her - even when it is violating the court order EVERY TIME they go along with her. Unfortunately I don't have the full funds to obtain an attorney with the $5000 minimum theyre requesting, but I am very afraid that if she actually got an ex parte that there will 1- this will affect my government job and the MANY organizations i work for 2- of course there will be more lies and I will end up in jail as everything she does is offensive and attacking and she is on a power trip because shes is even getting the kids running around trying anything to get her drama to stop and they are trying to protect their dad. She has even demanded that he not see the children in the past "unless they respect her and appreciate her" - and he complied - this went on for 6 months to a year - so they are very afraid of losing their dad again if they don't agree with her demands. They were traumatized and begged to see him constantly. They are in weekly therapy and unfortunately the therapist is doing nothing and he wont agree to change therapists. PLEASE HELP MY CHILDREN ARE SUFFERING and I haven't seen them for 20 days because of this constant drama... he plays the "they don't want to see you card" which is for the benefit of escaping drama. she has stated that HIM ABIDING BY THE COURT ORDER IS HIM BEING CONTROLLED BY ME. She literally cannot mentally handle abiding by the law. I am so scared she actually got an order and the judge is not going to listen again and my entire life will be destroyed. My children, my work, my passion in volunteering organziations. I am devastated about not being able to do anything to help my children.

You have to figure out how to get a lawyer to stop the harassment - but you don't have legal rights with the children between your husband and her. I'm just confused about if you're talking about your own biological children or your stepchildren.

 

[StepMom2015]

You'll need to hire a lawyer.
As you've discovered, the judge ignores you, silences you, and you suffer.

You need a person to advocate aggressively for you.

That person is the lawyer you hire.

You can take an independent person with you to video the exchanges.
If the other party is violating the order, document it.
Again, video it, using a newspaper to prove the date.
Never engage an idiot, avoid the idiot.
The idiot doesn't care, while you do.
It'll take time, but its what you must endure to maintain that band with your babies.
Keep a written journal, document things there, too.
Date, time, location, etc...write it down, sign it!

You are building your case.
One day you'll prevail.
Don't let quarrelsome people beat you down.
Good luck.

Thank you
I have been documenting for 10 years, but this has all gotten so out of hand with the psychological abuse they are going through. He took my girls for 72 days and would not let me see them or talk to them, including Christmas. they are teenagers... given great rewards in the meantime. took me 8 weeks to get an access motion order and bring them home. I brought home VERY different children and it has been down hill since.

I have never engaged her, stood my ground and tried not to be intimidated as she is 8 inches shorter and 100 pounds smaller her mouth is the issue, but honestly, when she almost got me from behind it scared me. She has described killing me by slitting my throat to my children - which is what preempted her saying they wont see their dad when the oldest stood up to her when she said it.

My girls might not ever recover from this... I cant wait for one day.
I need to do something now. </3
I appreciate your advise greatly, I just need more.

I need a parent alienation expert. I need a way to get my kids away from this psycho controlling their life and their decisions.

 

[StepMom2015]

Thank you
I have been documenting for 10 years, but this has all gotten so out of hand with the psychological abuse they are going through. He took my girls for 72 days and would not let me see them or talk to them, including Christmas. they are teenagers... given great rewards in the meantime. took me 8 weeks to get an access motion order and bring them home. I brought home VERY different children and it has been down hill since.

I have never engaged her, stood my ground and tried not to be intimidated as she is 8 inches shorter and 100 pounds smaller her mouth is the issue, but honestly, when she almost got me from behind it scared me. She has described killing me by slitting my throat to my children - which is what preempted her saying they wont see their dad when the oldest stood up to her when she said it.

My girls might not ever recover from this... I cant wait for one day.
I need to do something now. </3
I appreciate your advise greatly, I just need more.

I need a parent alienation expert. I need a way to get my kids away from this psycho controlling their life and their decisions.

PS I have so many pictures recordings video and audio on my phone just from the last year... it crashed. ive been trying for weeks just to save that.

 

[leslie82]

Thank you
I have been documenting for 10 years, but this has all gotten so out of hand with the psychological abuse they are going through. He took my girls for 72 days and would not let me see them or talk to them, including Christmas. they are teenagers... given great rewards in the meantime. took me 8 weeks to get an access motion order and bring them home. I brought home VERY different children and it has been down hill since.

I have never engaged her, stood my ground and tried not to be intimidated as she is 8 inches shorter and 100 pounds smaller her mouth is the issue, but honestly, when she almost got me from behind it scared me. She has described killing me by slitting my throat to my children - which is what preempted her saying they wont see their dad when the oldest stood up to her when she said it.

My girls might not ever recover from this... I cant wait for one day.
I need to do something now. </3
I appreciate your advise greatly, I just need more.

I need a parent alienation expert. I need a way to get my kids away from this psycho controlling their life and their decisions.

So you and your ex husband have kids and his new wife is harassing you? I got a little confused because your username is stepmom...

You should probably put your kids in counseling. If you don't have a lawyer, I suggest finding one.

I would just ignore that wife or whatever of his. Let her talk crap to you. If some crazy little bitch jumped me, I'd knock her ass out. That's me.

I would talk to the kids' dad about what she says about killing you and if he doesn't do anything, definitely get a lawyer.

 

[StepMom2015]

So you and your ex husband have kids and his new wife is harassing you? I got a little confused because your username is stepmom...

You should probably put your kids in counseling. If you don't have a lawyer, I suggest finding one.

I would just ignore that wife or whatever of his. Let her talk crap to you. If some crazy little bitch jumped me, I'd knock her ass out. That's me.

I would talk to the kids' dad about what she says about killing you and if he doesn't do anything, definitely get a lawyer.

Thanks for the advice Keslie,
But that's actually quite the opposite of what actually happens. Whether temporary or served or not, in my state if she got an exparte pending a hearing whether I get served or not it can become a full order of protection

It was 2 years ago she threatened to slice my throat and he was a foot away and did nothing - not even when the kids began crying

Every time she comes after me he does nothing but get in between she is uncontrollable and he goes along with whatever she wants to avoid drama on himself

I have a federal job and am involved in many volunteer organizations - if this goes in my record my entire livelihood and life are GONE.

I will not engage her. She touches me she will be out in a heartbeat but my goal is not to join her circus

 

[leslie82]

Thanks for the advice Keslie,
But that's actually quite the opposite of what actually happens. Whether temporary or served or not, in my state if she got an exparte pending a hearing whether I get served or not it can become a full order of protection

It was 2 years ago she threatened to slice my throat and he was a foot away and did nothing - not even when the kids began crying

Every time she comes after me he does nothing but get in between she is uncontrollable and he goes along with whatever she wants to avoid drama on himself

I have a federal job and am involved in many volunteer organizations - if this goes in my record my entire livelihood and life are GONE.

I will not engage her. She touches me she will be out in a heartbeat but my goal is not to join her circus

I know how protection orders work. I had a permanent one against my ex that I dropped after two months and then filed a temporary and didn't go to court to get the permanent on another one. I'm saying don't engage her. That's all.

If you don't show up to the hearing it becomes a permanent order. If you show up you can dispute it and provide evidence. Sane judges would hopefully see your side and realize she's mentally unstable but I'm not there.