Slandered in Court Resulting in Harassment Order

Status
Not open for further replies.
If the court entered an order based on the allegations, then yes, this person did provide evidence sufficient to lead the court to conclude that the allegations were true under the relevant standard of proof.
Which is it?

No, that's my whole point. No evidence was provided. I read the Affidavit and absolutely no proof for her claims were given. It's all based on nothing but hearsay and lies. I was told by a lawyer this morning that this case is serious and needs a lawyer to represent me. He read the docket and is aware of all the facts. I do have a valid case here.
 
No, that's my whole point. No evidence was provided. I read the Affidavit and absolutely no proof for her claims were given. It's all based on nothing but hearsay and lies. I was told by a lawyer this morning that this case is serious and needs a lawyer to represent me. He read the docket and is aware of all the facts. I do have a valid case here.

You misunderstand what "evidence" is. Direct testimony *IS* evidence.
 
No evidence was provided. I read the Affidavit and absolutely no proof for her claims were given.

"Proof" is not a term that has much meaning in the legal world (except as part of terms like "burden of proof" and "standard of proof"). "Proof" is a quantum of evidence that is sufficient to persuade the trier of fact that something is or isn't true based on the applicable standard of proof.

Your statement that I quoted above is self-contradictory. First you wrote that "[n]o evidence was provided," but then you immediately described an item of evidence: the affidavit. Testimony -- whether it be live testimony or by way of an affidavit -- is evidence. Obviously, since an order was entered, the court determined that the evidence presented was sufficient based on the applicable standard of proof.

The term "standard of proof" is important in this context. You haven't clearly described the order that was entered, but it may have been a temporary restraining order, which carries a very low standard of proof. Typically, when a restraining order is issued, there will be a follow up hearing so that the parties may submit more complete briefing and evidence. I don't know the specifics of your situation, and I'm not in Michigan or Massachusetts, but the bottom line is that you'll need an attorney in the state where the order was entered to advise you about your options at this point.

I was told by a lawyer this morning that this case is serious and needs a lawyer to represent me.

Based on what you've told us, I agree.

I do have a valid case here.

Ok. Congrats.
 
Since you say in the very first post that you already have a lawyer, and since you shot whatever credibility you may otherwise have had by claiming three different states in two different boards, and also since you cannot obtain alternate representation on a message board and you don't seem inclined to pay attention to anything anyone tells you unless it's what you want to hear, I think this thread has run its course.
 
Status
Not open for further replies.
Back
Top