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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86628
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi again, There is another question after all, if its within

Resolved Question:

Hi again,

There is another question after all, if it's within your domain. That same neighbor issued an emergency protective order against me (told ya, she's a complete coo coo...), and I am now wondering if this can be expunged from my record? It is quite unsettling that any lunatic can go to a court and ask for such a protective order to be issued without the other party giving their story too...
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Was this a Protective Orders for an Act of Violence, Force, or Threat?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 1 year ago.

Hi, thanks for your reply.


Please give me a moment to get it to be able to answer your question.

Expert:  Ely replied 1 year ago.
By all means, friend.
Customer: replied 1 year ago.

Since I spoke to a different expert earlier, I don't know how much you're informed (if at all) that this same person goes around the neighborhood and tells lies about us, so I originally asked the advice about defamatory lawsuit.


 


Therefore, there is more to my question: do I have the right to ask from the court to get her statement/affidavit on which she based that EPO, or is it only a lawyer can that get it from the court?


 


I would certainly like to get it, since I am convinced that this was based on lies too, therefore I might be able to use in in the eventual defamation lawsuit.


Customer: replied 1 year ago.


I'm not sure that my reply to your earlier question went through, the EPO was specifically for a threat, but yes, overall the one you've mentioned. Please note that it was the Emergency Protective order, which expired a couple of days later.

Expert:  Ely replied 1 year ago.
Friend,

Since I spoke to a different expert earlier, I don't know how much you're informed (if at all) that this same person goes around the neighborhood and tells lies about us, so I originally asked the advice about defamatory lawsuit.

I have access to the prior question.

Therefore, there is more to my question: do I have the right to ask from the court to get her statement/affidavit on which she based that EPO, or is it only a lawyer can that get it from the court?

No, anything in the court file is public record. One may call their circuit court, get the number for the records department, and for a nominal fee, get any record filed with the court. This may be done by any party, not just an attorney.

I am now wondering if this can be expunged from my record?

You can ATTEMPT to do so, but, the Court may deny it. One may file a motion to seal record in the court, but the Judge would need overwhelming evidence of why the need for open records is overstepped by your request to seal. Many are denied, I am afraid.

The good news is that a civil record is generally not searched in a standard background check. Unless someone knew exactly what they were searching for, this almost never comes up on background checks with employers, for example.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Customer: replied 1 year ago.

Ely, thanks for your reply, very much appreciated. However, I have a further question regarding the expunging question. I am assuming that you can take a look at web sites, therefore would like you to tell me if this confirms what you've said or does it mean that I can go ahead and get it expunged, since there was no a violation nor a follow-up on that lunatic's action?


Here is the web site:


http://legiscan.com/VA/text/SB1002/id/684860

Expert:  Ely replied 1 year ago.
Hello friend,

This is a current Bill - it has not yet passed into law. So this does not apply, and, we do not know when/if it will be law.

Ergo, we fall back on the common law "motion to seal."

Also, this deals with a criminal order - I understand that this was a civil matter. Correct me if I am wrong.

Gentle Reminder: Again, surely you prefer that I be honest in my answer – please remember that rating negatively due to receiving bad news still hurts the expert – it is simply the way that the system is set up. Please use REPLY button to keep chatting, or RATE my answer when we are finished. (You may always ask follow ups free after rating.)
Customer: replied 1 year ago.


You're right, it's a civil matter. Ely, I appreciate what you're telling me, but please allow me one comment - I am aware that I am not here to hear what I want to hear, but to get an honest answer to my question. I am looking for an answer in legal matters, and not expecting you to tell me "what I want to hear" (as if I was in a fortune teller's tent... :)), so no need to keep repeating that. I assure you that eventual not hearing what I'd like to hear won't influence my rating, because that was not why I asked for an advice - I asked an advice to anticipate, expect, know what I can or cannot do, etc., rather than getting a "comfort" answer.


Thanks again and wishing you a good evening.


 

Expert:  Ely replied 1 year ago.

Z, Ah, my apologies. It is just a standard signature stamp. I will keep it off in the future if we communicate again. You are very welcome and thank you for the feedback.

 

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.

Customer: replied 1 year ago.


I have just sent another question, I am not sure it went through?

Expert:  Ely replied 1 year ago.
Z,

I think we crossed each other and it did not. Please, try again.
Customer: replied 1 year ago.


What I asked earlier was: when I get the affidavit of that coo coo of a neighbor going around spreading defamatory statements about us, that she based her EPO on, if proven that it was also based on lies (I don't see any other possibility...), can I use that too in the eventual defamatory lawsuit?


Moreover, if those statements in the EPO are proven to be lies, would that be good enough reason for a motion to a judge to seal the record?

Expert:  Ely replied 1 year ago.
can I use that too in the eventual defamatory lawsuit?

Yes.

In Virginia, the elements of a defamation claim are publication of an actionable statement with the requisite fault on the part of the defendant. Jordan v. Kollman, 612 SE 2d 203 - Va: Supreme Court 2005.

As a the affidavit is public record, it may be used in another court proceeding as well under rules of evidence.

Moreover, if those statements in the EPO are proven to be lies, would that be good enough reason for a motion to a judge to seal the record?

YES, although the final decision is that of the Judge, of course.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86628
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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