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Getting a false stalking charge dismissed

Discussion in 'Other Legal Issues' started by Lost in translation, Oct 23, 2018.

  1. Lost in translation

    Lost in translation Law Topic Starter New Member

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    Jurisdiction:
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    Please excuse the typos and errors. I have had corneal transplants....
    The father of my 17 year old daughter filed a civil stalking injunction. I would like to file an order to dismiss, however I’m not sure exactly what grounds I can request for the dismissal.

    On the paperwork that I was served, the court asks the petitioner, if they or the respondent have any other court cases. The petitioner, checked no. We do have another court case, a child custody case in family court. Can I try to dismiss on the ground that this stalking situation should be handled in the family court? We were arguing about money owed to my daughter. After several back and forth message. I sent a text that said I was calling some of his customers and am telling them he is working as an electrician under someone else’s license, when he has never received traing to do so. These are the messages he filed with the injunction. I never called any of his employers. In fact he called and talk to my dad and my dad called me and said that I can’t threaten him. I completely ceased contact with petitioner for 2 months, except one email regarding the minor child. Then out of the blue I got served. It is ridiculous, I am blind, have had two corneal transplants, can’t drive and he lives 4 hours away. Yet, he still put in, the injunction that he is terrified of me, is afraid I’ll show up to his work, or home or wife’s work. I have not once in seventeen years, contacted his wife, his employers, showed up to his home or place of business. He only filed this injunction, because he knows I don’t have money to hire an attorney, because I can’t see to work, that I can’t drive 4 hours to file the paperwork because I’m blind.
    In a nut shell I sent two text message after we had an argument on a payment he missed on back support, stating I was going to call his customers yet I never did. In all reality I think this stalking injunction is to bully and intimidate me into not reporting his business practices. What options are best to add on the file to dismiss.
     
  2. mightymoose

    mightymoose Moderator

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    There is nothing for you to file that would get a dismissal.
    Show up at the appropriate time and make your argument in court. If the case against you is weak, or if he fails to show up, the court will dismiss the matter.
     
  3. Lost in translation

    Lost in translation Law Topic Starter New Member

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    Nobody has ever had a stalking injunction dismissed, by a motion of dismissal? If I file a motion to dismiss, whether granted or not, would the petitioner have a period of time to respond to the request for dismissal?
     
  4. mightymoose

    mightymoose Moderator

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    The hearing is your opportunity for dismissal. It is the first time the court will consider anything regarding the matter.
     
  5. army judge

    army judge Super Moderator

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    Show up in court, tell your story, you'll probably get the matter dismissed.

    Going forward, the child is nearly an adult.

    If the creep needs to be contacted, have a social worker make the contact.

    In a few months, you'll never have any reason to deal with the bum.

    Congratulations on rearing a child to adulthood.
     
  6. Lost in translation

    Lost in translation Law Topic Starter New Member

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    Ugh, I don’t want to drive four hours, but I guess I’m going to have to. Creep, is too nice for this guy, he refused to see his daughter for 17 years, because god told him not too‍♀️
    Is there any chance I can ask the court for a change of venue because of my blindness?
     
  7. Lost in translation

    Lost in translation Law Topic Starter New Member

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    One more question, if I file an order to dismiss, regardless if it will be granted or not, will the petitioner have an opportunity to respond as to why it shouldn’t be dismissed? I know if he has to respond he won’t, my point is, can I do a few things like that he has to respond to and hope he wont
     
  8. army judge

    army judge Super Moderator

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    I've never seen that done.
    You can always ask, but I suspect you'll be told no using the reason of blindness.

    You get someone to drive you, enjoy the outing, tell your truth (without emotion), you'll probably walk away with what you want.

    Just be sure to stick only to the facts.
    Talk only about the pending matter, leave out all of his other abuses, and the case will be dismissed.
    You are obviously NOT a threat to anyone.
    Bring proof that he is lying about his credential, and that'll be the hammer that sets you free.
    Truth is always a defense to these allegations.

    Once you get free, stay free, avoid the idiot as if he has the plague.

    Thank the stars he wants to avoid his daughter, that makes you both safer.

    Some people aren't worthy even of saying hello.
     

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