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Can you please tell me how someone can file a stalking suit

Customer Question
against another person when the...
Can you please tell me how someone can file a stalking suit against another person when the two people were dating and they lived 150 miles apart and the man never went to her town after they broke it off. He sent very few emails or correspondence after the break up. If the woman has no solid proof of anything how can this hold up in court?
Submitted: 9 years ago.Category: Criminal Law
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Answered in 6 minutes by:
9/2/2008
Criminal Lawyer: Dave Kennett, Lawyer replied 9 years ago
Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27,689
Experience: 25 years experience practicing attorney
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DearCustomer- It is very difficult to predict how any court case will be decided regardless of the facts. When you as "how can this hold up in court?" it really is determined of the evidence. If the evidence isn't there then it won't hold up.

 

This is why we have courts to sort out the facts. If the woman has no proof and the burden is on her to prove the case then the logical answer is she has little chance of success. If this is a criminal case it is very difficult to prove beyond a reasonable doubt however in a civil case the standard of proof is by a "preponderance of the evidence" making it easier to establish.

 

All you can do is defend the case if it is filed. Anyone can file a suit but winning is usually a different story.

 

David Kennett - JD - Attorney at Law

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Customer reply replied 9 years ago
Going to court is costly and unnecessary. Is there no way around it?
Criminal Lawyer: Dave Kennett, Lawyer replied 9 years ago

If you are sued you must defend. You can file a motion to dismiss in a civil case but if its criminal you must plead not guilty. If you can't afford an attorney the court will appoint one in a criminal matter. I know of no way to just make a case go away without using the courts.

 

Dave Kennett

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Customer reply replied 9 years ago
She is saying he harrassed her in text messages and an email. Is that considered criminal. I saw the text messages and the email and it was in no way harrassment.
Criminal Lawyer: Dave Kennett, Lawyer replied 9 years ago

Obviously I cannot make a criminal determination without having all the facts. I can speculate all day long on a case but as I said above I just cannot predict an outcome. It sounds like a very weak case from the facts presented.

 

Dave Kennett

Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Customer reply replied 9 years ago
One more question and I will accept the answer...thank you so much for your expert help. ..... You said that you can file a motion to dismiss in a civil case. Can you tell me is that is a hard process or a costly one? and what that would do for the case?
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Dave Kennett
Dave Kennett
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Category: Criminal Law
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