My neighbor has a stalking injunction against me, I am leaving the state but she will not drop it. I have to come back to ut for trial. I did not stalk her, 1st issue was that mediation officer told her to stay in her house until he got there but she came outside and fell on me. 2nd issue was that I paint keep off on my property, 3rd was that I stood looking at her on camera for like 10 minutes however I was speaking with my son who was on her property. I need to fight her now.
Country relating to Question: United States
State (if USA): Utah
Talked with a couple lawyers but they don't want civil case with neighbors. I don't have an income so I have no money to pay a lawyer. Info on line is for the person being stalked not who was falsly accused.
Thank you for the post, I am happy to assist you by answering your questions. What question can I answer for you regarding your suit?
How can I get the respondent request a dismissal, the accusations are not valid.
Do you work with civil stalking cases against conjoined homes (we each own)?
By "work with" do you mean answer questions regarding civil stalking cases? If so, yes. Regarding how to get the case dismissed, you would need to file a motion for dismissal of the suit and lifting of the civil order. If you want to counterclaim against your neighbor, you wuold have to file a counterclaim (it is substantially similar to a complaint) alleging the facts that give rise to your claim against the plaintiff and note the relief you seek. Please let me know if you need additional guidance or have any follow up questions.
I did have an stalking injunction back against her but dropped it as leaving the state and hoped she would do the same. The counterclaim is that something different?
Yes, the counterclaim would be you seeking some form of relief against her, generally such relief is monetary (i.e. seeking money). Do you just want the restraining order against you lifted, or do you want more from her?
I'm considering it. They had accessed the sanitation line with a drain without permit which I found out as they wanted me to do the same. Which was the beginning of a lot of the issues. They were fined $7000 so they want to make me "pay" for that. I feel it is more she is stalking me, she as a big notebook full of notes about me. Again, 1st issue she disobeyed the mediation officer came out of her house and fell on me. I don't feel that is me stalking her! Unless dropped I now have to come back to UT from CA for a hearing and I don't have an income, I have applied for disability and waiting on that. With this issue, the judge said I had to park forward on my driveway only and it has an incline making me walk up/down to put stuff in/out of my car, not backing in where it is more level (my garage is a mess). The purpose was so I would not come within first 20' of them then reduced to 5' as I had to call officers to escort me to my car as when they were on their driveway I wasn't far enough away. I believe she had to take an anger management course for not obeying the mediation officer. It is kinda like who is stalking who here. She also accessed my facebook through a 3rd party to find a comment that was made between me and another party and so she called police saying I was going to buy a shotgun and shot her. I had replied to other party after they said in Texas here we just shot them, I had replied that I wish I could that I have a 22 single shot rife (which my son has had for about 7 yrs).
Thank you, what is the outcome you seek?
To have the stalking injunction dropped is primary without another hearing, so I can leave Utah at peace. If it is felt I have a case against her monetarily, I now feel I should do that for her harassment of me. I am twice her age, have medical issues including mobility, she has threatened me, fell on me and says she is fearful for her life, pretended to cry in a past court session, even the mediation officer agreed to my son that she was faking it. I have never threatened her or her family, have given dolls, chalk, paper, and other items to the kids via the parents. My kids are grown, have 1 granddaughter not in Utah. I just want my background checks clear as they always have been and to be left alone by her and her's.
Thank you, to have the court consider lifting the injunction, you would need to file a motion to life the injunction with the court that entered the order for the injunction. If you want monetary relief under a claim of harassment, you would need to file a counterclaim. Bear in mind however that the relief obtained via your counterclaim may not justify the cost and effort to file the counterclaim. From your description you really just want to put the matter behind you, and therefore should strongly consider filing the motion to lift the injunction, and moving on. Please let me know if you need additional guidance.
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