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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27887
Experience:  30 years legal experience
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can a person ask for an order of protection when only family

Customer Question

can a person ask for an order of protection when only family member over 18 and friends are contacted by email at the most three times in the normal course of communication no threat no harassement and nobody said stop emailing other than the person asking for the order of protection
Submitted: 11 months ago.
Category: Criminal Law
Expert:  LawTalk replied 11 months ago.

Good morning,

I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What were the nature of the communications, specifically?

Doug

Customer: replied 11 months ago.

Person 1


Like frog eye moon shine


will be up for your convention


he is a tat I want you to do for me


your sisters husband pickrd up a felony charge over sea and I don't think she will tell the family


 


Person 2 17 yrs old


 


phone- talked about her not getting prom date


email congrat on being excepted at sarah Lawrence


e-mail brother and sistr in law live in Nj 30 min from your school sister in law English teacher of the yr...if sometime you need a safe port go there


 


person 3 mother


 


daughters former husband whom she relies on for $ has been arrested for stealing money from his over sea co. not sure she will tell you she will try to go it alone


 


person 4 former husband


 


emails while in new guina when you get state side we need to talk

Expert:  LawTalk replied 11 months ago.

Good afternoon Walter,

Thank you for the additional clarification.

There is absolutely nothing there to justify a court issuing an order of protection against anyone.

What the person seeking the protective order is doing is essentially seeking an injunction against free speech for speech that they don't care for. The court is not allowed to enjoin free speech except in dire circumstances---and this example of speech is perfectly fine---it is basic communication and not harassment in the least.

If a judge was crazy enough to issue a temporary protective order over this, then it needs to be challenged in court. There is no basis for an order of protection.

If you have additional questions, you may reply back to me using the Reply to Expert link.

Please also keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

I wish you the best in your future.

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27887
Experience: 30 years legal experience
LawTalk and other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

will I thought the same thing and I am not holoding back but the kicker is she said she was afraid of what I might do and I have not put eyes on her in 18 months and have not spoken to her in about a year and only e- mailed her twice. Is it correct to think that this misdeamnor civil charge has a 1 yr statue of limination.....because some of the struff I talk about happened more than a yr from the signing of the ex parte order.


 


what I reall think is the former husband is back in town and pushing her to get the order because I want to talk with him because believe it or not he sent her out to find a man and tell him about it.


 


yes I get the prize of the day for some crazy shit


 


walter mickulick

Expert:  LawTalk replied 11 months ago.

What state are you talking about.

What crime would be the misdemeanor?

Customer: replied 11 months ago.


stalking based on the above fact pattern

Expert:  LawTalk replied 11 months ago.
What state?
Customer: replied 11 months ago.


Tennessee


 


read the code 39-17-315


 


it confusing....seems like chain of events have to occur first harassment which than leads to misdeamnor stalking


 


can I motion the court to raise the standard of proof from preponderance to clear and convincing?

Expert:  LawTalk replied 11 months ago.
Walter,

There were 4 separate contacts with 4 separate people. I don't see harassment, and I don't see stalking.

My point: (4) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;

With just one contact per person---I don't see a course or repeated harassment of an individual?

The misdemeanot statute of limuitations in TN is 1 year. But no, the burden of proof is what it is.

Please remember to rate my service.

I wish you the best in 2013,

Doug



Expert:  LawTalk replied 11 months ago.

Thank you for your positive rating of my service, Walter. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.

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