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Should I get ex parte for someone who is falsely accusing me

Discussion in 'Defamation, Libel & Slander' started by Jimmy789, Aug 10, 2020.

  1. Jimmy789

    Jimmy789 Law Topic Starter New Member

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    Jurisdiction:
    Missouri
    A random person with whom I have very little contact suddenly started falsely accusing me for his failed marriage and is harassing me and my family. I went to file a complaint against him at the precinct but they instructed me to get ex parte against him but I fear I might get trapped in this endless legal cycle and will have to spend money on attorneys unnecessarily if I file exparte and the other guy also starts false legal proceedings against me. I dont have the time and energy to deal with this right now but also I am worried about my family's safety. PLEASE HELP
     
  2. justblue

    justblue Well-Known Member

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    -Define "harassing".
    -Does the guy think you were fornicating with his wife?
    -When you say "exparte" I assume you are referring to an ex parte restraining order?
    -Why do you think you need to hire an attorney to file a TRO?
     
  3. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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  4. Jimmy789

    Jimmy789 Law Topic Starter New Member

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    - Yes for some reason he believes I am having an affair with his wife. I dont even know his wife.
    - Yes by ex parte I mean restraining order.
    - By Harassing I mean shouting at us on the road. Saying I will have dire consequences in the future.
    - If I file TRO then if it goes to trial then I will have to hire attorney to deal with it.
     
  5. justblue

    justblue Well-Known Member

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    "dire consequences"? He used that term?

    No, you do not have to hire an attorney for the hearing. You do have to have proof that you are being harassed.
     
  6. Jimmy789

    Jimmy789 Law Topic Starter New Member

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    Yes he escalated the attack by lodging a vague false complaint against me with child services that I have assaulted his child. When the Councillor called his now ex wife to corroborate she said that nothing like this happened. This escalation in attack is what making me worried.
     
  7. army judge

    army judge Super Moderator

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    Hmm, why would you be in the presence of a child NOT your own?

    If you were UNINVOLVED sexually with his spouse, how could his spouse vouch for you?

    No need to answer, the questions are ONLY for you to consider.

    It might be time for you to "run silent" and "run deep".

    If you don't the VIOLENCE might be next...
     
  8. adjusterjack

    adjusterjack Super Moderator

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    Agree, Jimmy, back away. Avoid and ignore.
     
  9. Jimmy789

    Jimmy789 Law Topic Starter New Member

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    Yes I am totally laying low. I am just not able to come to terms that someone can use their own kid to fabricate such sick allegation.
     
  10. zddoodah

    zddoodah Well-Known Member

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    To whom is he making these accusations? Is he simply saying, "Jimmy is the reason for my failed marriage," or is he saying things that are more specific and factual? What exactly is he doing to harass you and your family (anything beyond "shouting at [you] on the road")?

    Are you under the impression that this person has committed one or more crimes? If so, what crime(s) do you contend he has committed?

    What is the factual basis for this fear?

    What sort of "help" are you thinking that anonymous stranger on the internet can provide?
     
  11. Jimmy789

    Jimmy789 Law Topic Starter New Member

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    He just thinks that I am the one who is having an affair with his wife and based on this imagination he is making these accusations.
     
  12. army judge

    army judge Super Moderator

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    The twisted mind of such a person could lead said individual to suddenly become violent.

    I suggest you visit the local police or sheriff and speak with a detective, ASAP.

    People such as the one you described can suddenly explode in fits of violent outrage.
     
  13. Jimmy789

    Jimmy789 Law Topic Starter New Member

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    Thank you. I have gone twice in the last few months every time they turn me away saying since there is no crime they cannot register a case and I should just go for ex parte.
     
  14. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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    Please quit calling it an "ex parte". It is called a Temporary Order of Protection. Follow the link I gave you above. It will explain the process.
     
  15. Zigner

    Zigner Well-Known Member

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    What evidence do you actually have of the threats?
     
  16. Jimmy789

    Jimmy789 Law Topic Starter New Member

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    That's the thing it was just verbal to me in front of my wife. That is why I am not sure if I should go for TRO and escalate this further or just keep low and hope that he leaves us alone.
     
  17. Zigner

    Zigner Well-Known Member

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    It's unlikely that you'll get any sort of restraining order based on this.
     
  18. Jimmy789

    Jimmy789 Law Topic Starter New Member

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    Then what should I do if he accuses me of something else in the future?
     
  19. army judge

    army judge Super Moderator

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    If you AVOID him, he won't be in a position to pester you.

    Place a restraining order on yourself.
    You don't need to go to court.
    You just need to BANISH him (and others like him) out of your life.

    People can only annoy, harass, pester, threaten, or molest you IF you allow yourself to be in their presence.
     
  20. Zigner

    Zigner Well-Known Member

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    This is true but the OP implies that this is a matter of the other guy either going out of HIS way, or of random encounters.
     

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