New Jersey temporary restraining order stopping me of posting my false arrest story

BlackopsIII

BlackopsIII

New Member
Jurisdiction
New Jersey
I recently was able to have the TRO dismissed and the TRO Violation thrown out after I showed proof I was home with my kids and not at her house like she reported. I was incarcerated for 5 days after the two individuals executed there plan of attack to report to the police that I was out side her house in a vehicle they described to be mine. Without any investigation I was taken into custody for the alleged violation of the TRO. At the TRO hearing I provided evidence with the vehicle in question was sold 8 months prior and showed that the vehicle was in Kentucky and not in new Jersey. Since I proved my case and showed the body cam of the officer to show the huge lie they had committed. At the TRO violation hearing the prosecutor dismissed the case with prejudice due to the tro hearing provided evidence that violation never happened. I began to tell my entire story online. Also I saw a post from her saying that I'm her crazy ex-roommate and that I'm a ex marine/retired Federal Air Marshal and that I should be the last person to be given a gun to protect schools. She is a substitute teacher and posted that the schools have my photo to make sure I do not enter. I'm a father of 3 and my son is part of the JROTC program and I support him on every event by going to the school. I respectfully sent a email to the superintendent to ask if there is a picture with restraining me of entry to the schools. The responded telling me that there is no information on me restricting me of any schools and to tell me I'm always welcome. 2 days later I received a TRO restraining me of writting any post, media, or any conversation about the plaintiff. I never threatened, harrassed, or contacted the plaintiff and I dont know how the courts perceived my intentions of clearing my name harrassment. I feel this is closely restricting me of the 1st amendment rights. Any information would be grateful
 
You didn't ask a question, so I'm uncertain what the purpose of your post is.

It's not clear to me if the court has actually entered a TRO against you or if this unidentified woman has merely filed papers seeking a TRO. In either case, your recourse is to challenge what's happening pursuant to whatever procedures are in place in your state and locality. You may want to retain the services of a local attorney.
 
Sounds like you're caught up in a child game. Stuff kids do when they feel butt hurt. Best advice is simply stay away from everything that has to do with her. Go to the TRO hearing and present your information to them. Once they clear you of these charges then let it go. Move on with your life. So everyone can live in peace.
 
zddoodah said:
You didn't ask a question, so I'm uncertain what the purpose of your post is.

It's not clear to me if the court has actually entered a TRO against you or if this unidentified woman has merely filed papers seeking a TRO. In either case, your recourse is to challenge what's happening pursuant to whatever procedures are in place in your state and locality. You may want to retain the services of a local attorney.
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My apologizes, yes a TRO was entered against me for a second time from the same individual. The first TRO was dismissed because of the evidence I provided. They lied to get the first TRO, and lied about the TRO Violation to have me incarcerated for 5 days. All was proven in court and they were scolded by the judge for setting me up. My question is, is it a 1st amendment violation to restrain me of any information being publicly posted telling my story? Because I was served a temporary restraining order by the same individual stopping me of posting any information about future cases, truthful information about how they lied, and clearing my name by sending my story to the media. My apologies for runoff sentences
 
Disabled Vet said:
Sounds like you're caught up in a child game. Stuff kids do when they feel butt hurt. Best advice is simply stay away from everything that has to do with her. Go to the TRO hearing and present your information to them. Once they clear you of these charges then let it go. Move on with your life. So everyone can live in peace.
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Thank you for your reply.

I'm definitely trying to forget and just move on. Unfortunately she had her boyfriend ( he is my sister's brother in law ) charge me with 5 civilian complaints alleging harrassment texts to him. She has also made 1 civilian complaint for misuse of credit card under 200 dollars I have retained a lawyer for the citizen complaints. Even the prosecutor mentioned these cases are week and inlite of recent events proving they lied on the TRO/TRO VIOLATION it should be clear they are aggressively attacking me through court. It's just frustrating, I haven't been in contact with these two individuals for over a year, I recently remarried my wife, my 3 kids are on a good path. My daughter graduates college this year, my two sons are preparing for the Marines. I truly just wanted to clear my name. Its embarrassing to be taken out of your house at 2 am in front of your kids. I served in the Marines for 8 years, did my 20 in law enforcement and retired. I worked hard for the integrity, respect, and most of how my kids look up to me and want to follow my footsteps. But yes I think your right and swallow the big mess that was created and just move on.
 
No, it is not at all a First Amendment issue. I suggest you do that idea in order to avoid sounding like a kook in court.
Your arrest on the TRO seems legitimate. If you are seeking damages against the police agency you will likely fail. They reasonably acted in the information they had at the time.
Your complaint is against whoever allegedly provided false information. It is far simpler to move on and leave this mess behind you.
A temporary restraining order can be issued simply on application without court review, which is why it is temporary. The purpose is to stop both parties until the court can hear the arguments. That apparently has not happened yet. Be patient, provide a defense, and forget this other person exists.
 
mightymoose said:
No, it is not at all a First Amendment issue. I suggest you do that idea in order to avoid sounding like a kook in court.
Your arrest on the TRO seems legitimate. If you are seeking damages against the police agency you will likely fail. They reasonably acted in the information they had at the time.
Your complaint is against whoever allegedly provided false information. It is far simpler to move on and leave this mess behind you.
A temporary restraining order can be issued simply on application without court review, which is why it is temporary. The purpose is to stop both parties until the court can hear the arguments. That apparently has not happened yet. Be patient, provide a defense, and forget this other person exists.
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I agree about the arrest, the police were only acting on the information provided. My problem was never with the police. My issue was the two making the false allegations to police. That issue will be heard in civil court. I agree with you and I've learned a lesson it's cheaper to keep your mouth shut and forget about making a point .
 
John Bonacci said:
I've learned a lesson it's cheaper to keep your mouth shut and forget about making a point .
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Yes, as my father regularly told me, "You can think anything you want, but when you open your yapper and cluck or quack about it, you better be ready to fight."
 
John Bonacci said:
He's smart lol my dumb ass had to throw a rock at the bees nest lol
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He wised my young, dumb ass up for sure.

If it weren't for my mother, father, and grandparents I'd probably be one of those guys smearing car windows at some intersection with a dirty rag and spray bottle begging for quarters.
 
mightymoose said:
it is not at all a First Amendment issue.
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You don't think that a restraint on speech creates a First Amendment issue? Whether it is or isn't a violation of the First Amendment isn't something that we can determine (although blanket restraints on speech almost always are), but it is unquestionably an issue.

mightymoose said:
I suggest you do that idea in order to avoid sounding like a kook in court.
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Hmmm....
 
zddoodah said:
You don't think that a restraint on speech creates a First Amendment issue? Whether it is or isn't a violation of the First Amendment isn't something that we can determine (although blanket restraints on speech almost always are), but it is unquestionably an issue.



Hmmm....
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In this case yes I think it's a big issue. It's become an issue because I have been attacked by false allegations, was arrested because of false statements to law enforcement, and harassed by them driving by following my daughter to the house. I have not spoken, texted, emailed, called, or have had any contact with her since 02/29/18 when I packed up and left. I felt I did nothing wrong by speaking about my truthful story online. To be served with a NJ TRO ordering me to restrain from posting anything about it did not feel right. I did however delete ever post and will not violate the order but I will raise the question in court how this does not raise to the level of the NJ Domestic violence Act. People can say I was just being a complaining asshole. But when you have done nothing wrong and the police knock on your door at 2 am alleging you violated a TRO and being incarcerated for 5 days that's when it became a problem. Get arrested knowing you didn't do anything is very upsetting and I dont take my liberty taken away lightly.
 
Well if you think it is a 1st Amendment issue be prepared to explain how this temporary judicial order is the same as Congress enacting a law that restricts your rights.

You won't get anywhere with that argument and everyone in the room will roll their eyes at the moment you bring it up.
 
mightymoose said:
Well if you think it is a 1st Amendment issue be prepared to explain how this temporary judicial order is the same as Congress enacting a law that restricts your rights.

You won't get anywhere with that argument and everyone in the room will roll their eyes at the moment you bring it up.
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I agree and wont go down that road lol, tomorrow I will request the discovery and go from there. I'll just argue the allegations, and present my evidence of the plaintiff being the aggressor. Plus I'll be able to bring up the creditably of the plaintiff for the false allegations in the last TRO that was dismissed.
 
mightymoose said:
Well if you think it is a 1st Amendment issue be prepared to explain how this temporary judicial order is the same as Congress enacting a law that restricts your rights.

You won't get anywhere with that argument and everyone in the room will roll their eyes at the moment you bring it up.
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Yes I know about the restrictions, but if you can articulate the speech being truthful, and non threatening then it is protected from being scrutinized and being censored by the government, only then it will become a civil matter if the respondent pursues it.

Even speech that enjoys the most extensive First Amendment protection may be subject to "regulations of the time, place, and manner of expression which are content-neutral, are narrowly tailored to serve a significant government interest, and leave open ample alternative channels of communication." Furthermore, even speech that enjoys the most extensive First Amendment protection may be restricted on the basis of its content if the restriction passes "strict scrutiny" (i.e., if the government shows that the restriction serves "to promote a compelling interest" and is "the least restrictive means to further the articulated interest").
 
You have a temporary restriction valid only until a court with jurisdiction has opportunity to hear the matter.
This is a far cry from a 1st Amendment issue.
You will do well to focus on the actual complaint against you and have the order lifted after the hearing. The other party will have the burden of convincing the court why such an order should remain in place. Don't give them information to use against you. Just disappear from their petty world.
 
mightymoose said:
You have a temporary restriction valid only until a court with jurisdiction has opportunity to hear the matter.
This is a far cry from a 1st Amendment issue.
You will do well to focus on the actual complaint against you and have the order lifted after the hearing. The other party will have the burden of convincing the court why such an order should remain in place. Don't give them information to use against you. Just disappear from their petty world.
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Ok will do thanks. Also do you know how to request a discovery being a pro se litigant?
 

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