HI Ely my boyfreinds jealous soon to be ex wife has thretened me, cyber stalked us sent hostile e mails ect. for weeks.i documented it and got police reports for every incident. i had a civil stalking protection order served on her on the 3rd. we have 'full trial' court this monday. Boyfriend will testify on my behalf. on the night of the third same day paper was served her, she told my boy friend to tell me that if i did not drop the order she was at war with me and threatend me with serious conceqenses. he was scared and pleaded with me to drop it i told him i would. Yesterday she posted on her face book wall that she was very happy he told her i was going to drop it. she then thretened to get even and kill me refrancing a murder in the Godfather movie, as to what shed do how shed do it. she added she was serious. she also wrote threats directed at me, and used my name as if she knew i would be reading it. police were notified. i have copies of it printed for the judge monday. im NOT droping this. she is out of control. These two incidents occured AFTER she had the temp order served on her. CAN two things she did be considered a violation of the temp. order? police said its up to judge to decide. and up to the judge to decide if there will be charges against her if they were considered violations. i am in cinciatti ohio
thank you Ely. do you think the judge will view the two incidents as two separate incidents, and give two separate charges?
she has two boys aged 13, and 7. she also has a two month old baby fathered by her boy friend. I am afraid she will plead hardship to the judge and ask not to be sent to jail, and plead to pay a fine instead.
I just found this on line, pertaining to penalties for violating a protection order in cincinatti ohio. I am assuming he could give the lesser one, if like you said if this is a 'continuous violation' or administer another penalty not listed? his discression?
Generally, violators are prosecuted under Section 2919.27, convicted, and sentenced to the applicable criminal penalties.
A first conviction of violating a protection order is a misdemeanor of the first degree, punishable by up to six months in jail and/or a $1,000 fine.
Info I just found on ohio court site:
A second or subsequent conviction of violating a protection order is a felony of the fifth degree, punishable by up to one year in jail and/or a $2,500 fine
Thank you again Ely. sorry to have so many questions. I do have one more for today, then will inform you of the out come tomorrow.
I did not mention, on or about 9-3-13 she was very drunk and walked over to someones residence, demanding to know if that person called CPS on her (child protective services) from what I see on the report she 'questioned' two neighbors. the officer was listed as 'victim' on the report, she was escorted home by a friend, appeared in court pleaded 'guilty' and judge fined her $195. this incident is listed as 'criminal' and 'drunken disorderly' . She has to return to court regarding this on 10-11-13- four days after our court date.
Will this current open criminal case on her have any effect on mine?
I have given the courts a copy of the incident sent to me by Sherrif .
well if any thing I can assume that the copy of sherrifs report I provided the courts and his Honor will at the least, stand to show a 'Character referance' for the Respondant, and also show that she is capable of confronting people, thus backing up my fears she will confront me.
Can I be correct in this assumption?
Can the judge arrest her for violation soon after we are all assembled before him, with out hearing the case, simply beause she broke the order?
or are the courts legally held to letting the case be told before the judge before that happens?
Hello Ely just got back from court. I was granted a 5 year order but greatly disappointed that the judge did not consider any thing as a violation of the temp. order. not the bullying to get me to drop it, not the death threats to me on face book, and she said to me in the hall 'go near my child and ill hit you' and walked away. my friend who was with me heard, we called and officer, I told the judge all this. he did not charge her with violation. I was told to leave first, then them 5 min later. judge said dismissed and left room.
I think once he says 'dismissed' its over. I assume he would have had to tell her if he was charging her, before he said 'dismissed' and left the court room?
I think she played the sympathy card. she had the infant in a fancy outfit, on her lap and when sat at the desk before him rosary beads and was muttering the rosary to herself and mentioned to him if she could stop speaking a bit to get her test machine to test her sugar as she was a diabetic. she mentioned her diabetes several times. she also brazenly said to the judge she 'would fight me for what she believed in'. she claimed she did not know that the marriage licence was no excuse for her to stalk a victim. she was cheerfull when sentenced. I have a bad feeling this individual will continue to give me grief.. she already got away with what I see as three violations. surley that comment in the hall should have swayed the judge. I am very un happy she faced no charges for her actions- despite her husband testifying that she was a danger to me, and all she had said to him and what shed do to me.
hopefully they will see documented from today what she had done if she violates it.
I have a suspicion she will violate it in time.
being as there is an order of protection now, a 5 year one, will I be 'allowed' to be present in court with him at his divorce procedings, with her in the room?
One last question and you have been so extremely kind in this matter. i will close this and rate afterward.
He has my smart phone, its in my name, and I pay the plan monthly.
if she destroyed or damaged it, is that a violation of the order, she knows its mine.
I read somewhere she was not allowed to damage my property..
if she found it in his pants pocket, while he was sleeping, and damaged it.. hes told me she has already disposed of gifts I have given him, prior to the order.
Hi Ely just got my order of protection in the mail. there is a section that reads:
Warning to petitioner/alleged victim:
you cannot change the terms of this order by your words or actions. This order cannot be changed by either party without obtaining a written court order.
my boy friend said shes angered that the judge served her with this and feels she did nothing wrong by stalking me.
she said she wants to over turn the order.
looking at the above excerpt from the order, is it possible for her to write and protest the order and have it over turned?
or is judges decision final?
I am concerned.
thank you that gives me comfort. I have what the judge called 'an overwhelming preponderance of evidence and testimony by the witnesses'.
she feels I 'defimated her charachter' in order to get the order, but yet she agreed that all evidence items shown her were true, correct and in deed sent and said by her. so I don't think she has a legal leg to stand on.
my boy friend and I just realized something. She pays for the cell phone bill for his cell phone. the bill is in HER name. She angrily brought that up to him in court, when she saw the printed evidence I provided the judge, of when he texted my home computer, stating he was going to cause me physical harm.
my question is this.. can she pull phone records OR say I am talking to him on a phone that SHE pays for, thus it being a violaion of the order?
keep in mind, this is NOT direct contact with her. I am texting to HIM on his phone, that she said she pays the bill for.
Do I have to worry about this?
youre welcome, you have been a major help easing my anxiety the past few days .He has my cell phone, and I have another en route in the mail for myself. I cautioned him NOT to use the one in her name any more when contacting me. use only mine. Hes nearly done filling the divorce papers and his parents are waiting until he can come back to them soon. hopefully the day he does, she wont show up at my place looking for him. if she does and I call the cops, what happens?
Hi Ely yet another question, brought up by my boy friend himself today.
we were filling out his divorce papers today. I am filling them in because my hand writing is neater than his. he will sign and notarise at the court after they are looked over and everything is approved as being all there and correct to file.
Can she cause any problems for us/me being as the papers are filled out in my hand, due to the stalking order of protection I have on her? my signature appears nowhere. but did not know if she can get mad and try to press charges beause I filled them out for him?
Hello again Ely
another question. were still filling out the divorce papers. He has to submit a written statement, in a format the court provided a sample of asking why he wants divorce. one of the reasons is adultery.
He has two children with her. the third born in july is her boy friends baby.
the letter has to state how many 'children born of this marriage'
would it be acceptable to put 'two children born of this marriage- the third is not of my parentage and I request DNA test'
or 'three children born of this marriage- the thirs is not of my parentage and I request DNA test'
the form wants to know how many were 'born of this marriage'.
technicaly they were still married when her boy friends baby was born this july. but hes not the father.
what do you suggest we write?
ahhh okay. ;)
in regards XX XXX old matter, the order of protection, I read somewhere that the respondant could be listed in a 'database of stalkers' I looked on line trying to find this 'online database'. I know one exists for people wanting to know about molesters ect. in their neighborhood. does a 'stalker' site exist?
shucks. wonder why that web site posted mis information like that.
im looking for it again
Have to find the site this came off of:
The protection order granted by the judge can be in place up to 5 years.
* This protection order is a qualifying protection order that gets entered into the national law enforcement database (NCIC) and is enforceable in all fifty states.
Violation of the SSOPO is a criminal offense. A person violating the order can be charge with Violation of a Protection Order and arrested.
ahh okay now I understand why I could not find the site. I suppose this is how the cops know you have an order, when they respond to a call.
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