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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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I'm being followed since Sept of 2015 not in trouble with

Customer Question

I'm being followed since Sept of 2015 not in trouble with the law hard working 2 jobs I don't know who they are I thought under cover I have pictures and license plates on some of the cars they follow me everywhere I'm so stressed out I'm on medication from my doctor what can I do
Submitted: 6 months ago.
Category: Legal
Expert:  Dwayne B. replied 6 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

What do you want to achieve?

Customer: replied 6 months ago.
I want to stop them and find out who they are and why they are focusing on me
Expert:  Dwayne B. replied 6 months ago.

The best way to do that is to hire a lawyer and then have them find and hire a private investigator for you. You can also hire a private investigator yourself without the lawyer, but if the lawyer hires them and then you have to sue someone later you don't have to necessarily divulge everything the private investigator tells you whereas if you hire them yourself then you would.

You really won't know what to do after that until you find out who is following you. The PI will be able to run the license plate numbers to find out who the cars are registered to and then they can follow them while those people are following you, if it is necessary.

Once you find out who they are you may have to file for an injunction to stop them from following you or there may be something else you can do although an injunction is most likely.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

Customer: replied 6 months ago.
I AL ready hired a private investigator it cost me $350 for 8 hrs. And he basically did nothing I have pictures and license plates numbers can I run themy myself and I have approached them and asked why they say I don't know what your talking about they say their not from around here but I see the same people day in and day out I called crime stoppers and they sent the police department to my door and laugh in my face treated me like I was some paranoid person
Expert:  Dwayne B. replied 6 months ago.

As I said, hire the lawyer and let them prepare the case for the injunction. Then, no matter what they say, the PI will have the proof that they actually are following you and you can get the court order to make them stop.

A court/judge is the only entity that has the power to make them stop following you and that requires that evidence be presented in a certain format. The lawyer will coordinate with the PI to make sure that the evidence is secured in an admissible manner and then prepared to present in court.

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