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Legalease
Legalease, Lawyer
Category: Criminal Law
Satisfied Customers: 16288
Experience:  13 years experience in criminal law, BA in criminal justice
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I was served with a no stalking order last thursday. The

Customer Question

I was served with a no stalking order last thursday. The reasons that were given were all lies.
1. claimed that on may 10th at 3AM i logged into her email using an LGV10.
-on may 10th at 830AM I met with her lawyer about a small claims case involving that very same LGV10. I was suing for unpaid cellphone service and the balance remaining to pay off the cellphone. the petition was seen by the judge and signed at 11:40am on may 10th.
2. she claimed i stole her property.
-she is talking about a honda civic. in which we are joint owners and i had towed due to the car being 3months behind on payments. the day it was towed l, april 24th, she talked to 2 different police departments accusing me of theft. she was told by BOTH officers from different departments that it was not theft. it was a civil matter. i have documentation on a police report confirming this to be true. and yet, KNOWING it wasnt theft, she called again the next day still accusing me of theft with yet ANOTHER department. she became irate ind disrespectful to the officer, telling him he didnt know how to do his job. tjis is also in the police report i have. she was told it was a civil matter. but, by writing that her property was stolen, on may 10th, she perjured herself. she KNEW via 3 officers, 3 different departments, that it was not theft. yet, she testified under oath to get the no stalking order againt me.3. she says on april 15th, i called pretending to be her and her bank account was comprised.
-she is talking about the Honda account in which SHE called Honda. SHE made the payment and SHE changed the password ***** the account. I also have the recording of the Honda phonecall she says was me.4. 2 days ago she tried to say that i called her place of employment thus violating the order.
i did no such thing and i dont think i can prove it. proving it would mean violating my order to inquire about if i called. so, unfortunately i cant do that.
...
perjury? how do i press criminal charges? i can prove she lied to:
her own lawyer
the judge under oath
police officers
..
there HAS to be something i can do. im genuinely concerned she will falsify evidence and get me arrested. i am scared to even leave my house.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Legalease replied 6 months ago.
Hello there ---I am sorry to hear about this and I also apologize for the delay in answering, but this is the first time I have seen this question. Under the circumstances, if you were served with an initial temporary order, then there should be an upcoming court date on the matter so that you can be present in front of the judge and give your side of the story (which seems to be the more logical, coherant side of the situation but until you get into court regarding this stalking order, you are stuck with compliance with it). If there is no court date for a full hearing listed in the paperwork then you should contact the court that issued the order and ask the clerk;s office there if there is an upcoming date scheduled and if not, ask them for a motion form so that you can complete it and file for a Motion for Reconsideration on the stalking order because once you are able to put your case in front of the judge, I suspect that this order will be thrown out). -Regarding her perjury, it is extremely tough to get a person charged with perjury in just about any court in the US because in situations like yours, the courts are more apt to chalk up her statements as a lapse in judgment or that she "forgot" certain details in these matters rather than to pull her in for perjury. In order to try this, you would have to contact your local county District Attorney's offices and speak to them about how they can have her arrested and charged with perjury for all of the lies under oath. I believe it will be very difficult to get the DA;s office to do anything about this, no matter how much proof you have against her, but it is worth taking the chance and speaking with one of the ADA's to see if it can happen. -If not then you may at least be able to bring a civil charge against her for Malicious Prosecution (which is what she has been doing by calling all of these police departments trying to get you criminally charged with auto theft and malicious prosecution is what the stalking order is all about). -Please let me know if you have any further questions on this matter. If not, can you please press a positive rating above in the ratings section so that I will be paid for my time assisting you this morning? Pressing the middle star or the fourth or fifth star to the right of the middle star each register as a positive rating, insuring that I will be paid and credited for the time spent assisting you . Bonuses are not necessary but are always appreciated and can be entered in the pop up bonus box that will appear after a positive rating is pressed in the star rating section above. Your question will not close even after pressing a positive rating and you can return to ask related follow up questions regarding the same topic and question for several weeks after you have pressed a positive rating above. THANK YOU VERY MUCH !!! MARY
Customer: replied 6 months ago.
i have an April 24th police report that states 2 police departments advised her is was not theft.she filed the stalking order on may 10th. so, its vary obvious on perjury. also, she claimed i called and made a payment on honda using her bank infornation and claiming to be her. Hobda said IT WAS HER who called and gave me the phone number that called. its the same phone she was using to text and call me.2 counts of perjury that i can prove without a shadow of a doubt.
Expert:  Legalease replied 6 months ago.
Hello again ---I have no doubt that you can prove all of what you have claimed -- I realized that after reading your detailed question/explanation above when I first opened it up. It is not your claim / case that has any problems or issues with it -- it boils down to whether or not the prosecutor's office will take the matter up and actually charge her with perjury. It is completely within the discretion of the ADA assigned to speak with you and/or handle the case whether or not the DA's office will go that far and actually charge a person with perjury under these circumstances. My suggestion to you here is that you try to focus on the lies she told in order to get the anti stalking order (the ones she told right to the judge in the courtroom in order to get the anti stalking order issued on the day that it was issued). This actually will narrow the field down some and the ADA can concentrate on the most important case of perjury -- where she sits in the courtroom and lies bold faced to the judge in order to have her revenge on you (and that is what this is all about from her perspective -- it is one giant act of revenge). -Again, though, if you find yourself stonewalled by the DA's office and they refuse to take it any further then you can try going over their heads and filing a complaint with the Attorney General's offices in your state. The AG's offices in every state are the chief law enforcement officers with the responsibility of overseeing all of the police departments and DA's offices in an effort to keep any of those parties from engaging in corruption or just being plain lazy and not wanting to do their jobs. Finally, as I said above, you can pursue the matter both criminally and civilly for Malicious Prosecution against your ex and perhaps you will receive a monetary award that might nip the wind out of her sails (for a little while at least). -I truly wish that there were a statute or case law that I could point you to that you can wave in the faces of the DA's offices and force them to charge her with the perjury -- but there is not and so much of this is discretionary on the part of the DA's offices that this matter could go any way. -Please let me know if you have any further questions on this matter. If not, can you please press a positive rating above in the ratings section so that I will be paid for my time assisting you this morning? Pressing the middle star or the fourth or fifth star to the right of the middle star each register as a positive rating, insuring that I will be paid and credited for the time spent assisting you . Bonuses are not necessary but are always appreciated and can be entered in the pop up bonus box that will appear after a positive rating is pressed in the star rating section above. Your question will not close even after pressing a positive rating and you can return to ask related follow up questions regarding the same topic and question for several weeks after you have pressed a positive rating above. THANK YOU VERY MUCH !!! MARY
Expert:  Legalease replied 6 months ago.
Hello again ---Do you have any more questions for me? If not, can you please press a positive rating above these answer boxes so I will be paid for my time? I truly am paid NOTHING unless you press a positive rating above (the middle, fourth or fifth star above are positive ratings). Doing so will not cost you additional money -- it simply operates as the trigger to Just Answer to pay me for my time assisting you. THANK YOU VERY MUCH !!-MARY