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Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience:  30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
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Order of protection

Customer Question

My ex wife on Dec 20,2007 entered and order of protection against me "emergency order"primary complaint is of numerous phone calls,e-mails to friends and customers,sending faxes,claiming I was watching houses,and a claim that I might hurt her if I saw her in person.
   On Dec 29,2007 to Dec 30.2007 she had called me multiple times.From Dec.20 till Jan 16,at no time was I aware of any order of protection yet there where several times that I had been in contact with the police in matters related to her and her family.
At no time did she tell me nor did any police tell not to have contact with her.
On Jan 16,08 she had me arrested for violation of an TRO,Electronic harr,and TEXT harr yet she has no cell phone. On Jan 18,The sheriff served me with the order of protection ?
   Do I have a right Pro.se to bring these multiple issues regaurd to the TRO with the judge,her calling me,and her never complaining,yet she waited till jan 16,and I was served jan 18.
   Cook County Ill
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Michelle replied 6 years ago.

Dear Customer

I suggest that you absolutely want to bring all that information to the judge's attention at your hearing. Try to get it all organized in writing-like bullet points so that you do not lose focus and can touch each point briefly. Additionally, have a cop to submit to the judge. Try to get a copy of your text records from the Phone Company to show that you never sent a text to her - and moreso she has no cell phone.

Keep in mind that you should direct all your comments to the Judge only - do not address her at all. You do not want to give the perception that you are a danger or a threat to her in anyway. If you have a witness or two who can be there to testify as to your character, that would be beneficial.

Sum it up by telling the judge that you do not want to have any communication with her at all, now that you know she does not want any - and ask that the TRO not be made permanant as it will effect your future goals, employement opportunities, etc.

Keep in mind, that you should not speak to her, nor interupt her while she is speaking.

Best of success to you in this matter,

 

Customer: replied 6 years ago.
Reply to Michelle's Post: As far as the scope of relief in the the TRO,the only relief she had asked for was no contact with her and her family,phone ,mail,fax,text,voice mail,e-mail,
If her claim was that I had e-mailed friends should she have put this as a restriction in the TRO ?
But prior to to my next hearing on the TRO,I will contact the police and see if incident reports where written,and sum up the dates and times as you suggested.
Expert:  Michelle replied 6 years ago.

Dear Customer

She has no say over the rights of her "friends" so if that is who you contacted you cannot be held responsible unless in the contact you asked to have a message delivered to her - then that would be a "third-party" contact. But they would need to get their own TRO

 

Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Michelle and 2 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
If on an emergency order of protection,is there any legal ground to have it thrown out due to the fact that the petitioner failed to sign the perjury clause that all statements where true and correct?

It would seem that the order was granted ,as to say the petioner could of said anthing without having liability for blatant lies by not signing this?
Expert:  Michelle replied 6 years ago.

Dear zenon963

You can point out that it is incomplete and ask that the entire matter be dismissed - but there could be some latitude since it was an "emergency" petiton - but you are correct - without signature there is not attest that it is true and correct - therefore, anything could have been said without fear of penalties of perjury. I do not have any caselaw on it, of course - but you certainly have a good and valid point.

Customer: replied 6 years ago.
I would pay for you to find caselaw on this matter,we have been divorced for over a year! And in no time has there ever been any documented physical abuse.To allow an Emergency Order of Protection on the basis of I think this may happen ? Phone calls don't seem to justify this severe an order?
Expert:  Michelle replied 6 years ago.

Dear Customer

I do not have the capability to find caselaw - I am not a member - I will opt out and allow another expert who does have that capability to assist you in that area.

Thanks for the accept and best to you in this matter

Michelle

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