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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17463
Experience:  B.A.; M.B.A.; J.D.
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My neighbor has taking out stalking orders on both my wife

Customer Question

my neighbor has taking out stalking orders on both my wife and I . Everything she is stating is lies , I have text to prove it .I helped her work on her car and trailer and have lots of texts thanking me for all my help. I have an attorney and he tells us we have to have document everything she accusing us of including dates and times. we have talked to the D A office and they tell us the judge has to stick to the stalking order the way neighbor wrote it including dates and times. Our attorney says she doesn't have to have the dates correct . what is correct on this matter. She swore under oath that the information is correct and we can prove she lied about the dates. this is in the state of Oregon in Deschutes county
Submitted: 3 months ago.
Category: Legal
Expert:  Phillips Esq. replied 3 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about you are having problems with your neighbor. However, I am having difficulty understanding your entire post. Kindly review, edit, properly identify the parties and your issues, ask specific question(s), and resubmit.

Thank you for your cooperation,

Customer: replied 3 months ago.
I have a stalking case against me from my neighbor. In the order she has dates and statements that are false. My attorney says she doesn't have to have this information correct and she can say she couldn't remember the exact dates and statements.the DA office told us the judge has to go by the evidence exactly as written in the order, which is correct
Expert:  Phillips Esq. replied 3 months ago.

Thank you for the information.

I am still not sure about the last question. Maybe it is not being worded correctly.

I will answer the first one. You can get back to me on the clarification on the second one regarding DA. I just do not get it.

The alleged victim does not have to remember the exact dates of the incidents.

Thank you for your cooperation,

Customer: replied 3 months ago.
you answered my question thankyou
Customer: replied 3 months ago.
Someone in the DA office told us the the victim can't change her story from what she wrote in the stalking order and that the judge has to make decisions based on what is written in the order and not what the victim says in the courtroom if the stories don't match
Customer: replied 3 months ago.
i have just got a great lead from an attorney friend on an attorney here in town to represent me. thanks for your answers, they were helpful
Expert:  Phillips Esq. replied 3 months ago.

Thank you for the information.

That is not correct. If the stories on the complaint do not match with the testimony in the Courtroom, the Judge must go review the totality of circumstances and then make a decision as to the credibility of the witness, the alleged victim. The Judge cannot rely solely on the written complaint to make the decision. If the Judge finds after Court testimony that the alleged victim lied, then the Stalking Order would have to be vacated.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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