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Fraudulent RO and Subsequent Arrest Domestic Violence & Civil Orders

Discussion in 'Criminal Charges' started by Infinite853, Jul 15, 2017.

  1. Infinite853

    Infinite853 Law Topic Starter New Member

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    North Carolina
    I dated a women for 6 years, many red flags and a lot of back story; needless to say most certainly the worst decision I've ever made.

    Ok. So when returning home from a business trip two days early I found half the house packed up and it was clear she was moving out. We'd been having some issues and honestly we were needing to take some time off and re-evaluate our relationship. Once she returned from work I was greeted by her work "friend" who assisted her in moving her items out. In all honesty I was happy to see her go and I also offered to assist, which did not make her very happy. Anyway, I really wanted this experience to be a positive one (no joking, I have a master's in Cognitive and Behavior Psychology), and only offered her my support during the exit-- to which she did not reciprocate and instead had high animosity to.

    A seemingly important part of the story is during the break up she offered me a phone that she had 'purchased' as a Verizon employee, I took over the phone and had a line transfered to my own account. I received the first bill and found the bill to be twice the expected price, as it turns out the phone was not paid for and I was paying off the remaining $850 balance. Since this was not authorized I had to speak with a number of associates and managers until ultimately I had to provide her name. I was to have a teleconference with my ex and manager to resolve the misunderstanding.

    The day before when the call would have taken place she emailed me and threatened to file an RO; actually she in fact said she had filed one, but as it turns out did not at that time. Roughly a week later we saw eachother at a local bar, I greeted her with a wave and spoke nothing and went to the other side of the bar. The next day I was served a RO in which she had fictitiously constructed; saying I had been showing up at her apartment, harassing her at work, and been contacting friends and family- none of this was true.

    OK, so I was served on a Tuesday and that Friday was the initial hearing, so I was scrambling to find a lawyer and get my records/documents together. The lawyer drafted a nice rebuttal but requested a continuance. I figured this would have been dealt with that day given it was, to me, cut and dry...

    Unfortunately there was an accidently button slip on my phone on evening, the name of a friend is directly below that of my ex (of course now removed). The call logged 2 seconds, it went was blocked and went straight to voicemail. No voicemail was left as the log begins during the greeting, and thus no contact was made. The following Monday I was arrested and put before the judge for this alleged violation.

    No given the time she has with the continuance she is now going through our mutual friends and spreading lies to support her factitious RO. Meanwhile I've never had even a slight brush with the law, and no record to speak of. I was actively looking for new career opportunities which I can no longer until this is somehow removed from my record, and there has been significant duress caused, not to mention numerous compromised/lost friendships and loss of credibility/character etc etc.

    My primary question is given the RO was completely fraudulent I would hope the criminal charge would be dropped once this has been proven in civil court. However I am rather concerned as the plantiff is not my ex for the criminal charge, rather it is the state. Is my concern/rationale on target, or not?

    I'm trying to keep a hard line with this, I need to make sure that both civil and criminal charges are dropped/exsponged and that all court and lawyer expenses are billed to the true harassing party. Once again, it seems an uphill battle...while the cornerstone of our judicial system is "beyond a reasonable doubt", seemingly the tables have turned 180 for a civil case such as this. Any help/insight is greatly appreciated! Sorry for being so long winded. [​IMG]
  2. mightymoose

    mightymoose Moderator

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    Your attorney should make quick work of this.
    Your arrest is unfortunate, but I'd expect the circumstances are such that not much of anything will result.
    Apparently there will be no evidence presented to support her claims of harassment or fear for her personal safety, or the need for a restraining order.
    My crystal ball isn't reliable for predicting the future, but I'd bet you come out of this ok.
    Infinite853 likes this.

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