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Legal-Guru, Criminal Justice Lawyer
Category: Criminal Law
Satisfied Customers: 1366
Experience:  Experienced Criminal Trial Attorney since 1998.
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I was served with an EPO which is false

Customer Question

I was served with an EPO, the exroommate is making false charges because he doesn't want to pay me back my deposit. He is saying I slashed all his tires and wrote a note saying give me money or die. I apparently signed my name to the note. He also is saying I'm stalking him, however I just found out he moved a while back.  The bigger problem is I'm a licensed massage therapist in MO and if I get an order against me I could potentially lose my license.  I didn't slash his tires or send threatening texts, or emails.  I did say I would sue him.  He has a history of bi-polar and scitzo disorders which is why I moved out in the first place.  He as far as I know doesn't have a police report and I was never questioned by the police.  However the judge did grant a EPO fifteen days after he filed.  I'm worried because I was served at work in front of my peers and clients and am afraid there will be some sort of back lash from my employer.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Legal-Guru replied 5 years ago.
You're doing the right thing by looking at hiring a lawyer. A lawyer can increase your chances of prevailing at the protective order hearing, and contact the police and/or DA's office to see if a police report has been filed. Better and easier to head it off early.

If you have any witnesses that can attest to his bizarre behavior or vouch for you, make sure to bring them to the hearing on the protective order.
Customer: replied 5 years ago.
Is there any way of knowing if he has a lawyer?
Expert:  Legal-Guru replied 5 years ago.
You could go to the court clerk's office and see if a lawyer has entered an appearance for him or signed any of the paperwork on his behalf. Some counties are online and you can pull up the cases that way and see if an attorney is listed for him.
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Customer: replied 5 years ago.

Is the note of importance? I mean is there a way to prove it's not my handwriting? Would the judge who signed off on the EPO take the note into account, because it was on the order. Would the police have questioned me considering his alleged evidence against me? Wouldn't it technically be a criminal EPO if all his evidence was true?

Expert:  Legal-Guru replied 5 years ago.
(1) Yes, the note could be important.

(2) You could hire a hand writing expert or the police or DA's office may have one they use.

(3) Yes, they would take the note into account. It will just depend if they believe you wrote it or not at the conclusion of the hearing.

(4) The police would only question you if it was reported to them.

(5) EPO's are not criminal. They are civil. Violating them is criminal. Some of those acts could also constitute criminal acts, as well as a basis for a protective order, but the criminal justice system won't get involved unless someone reports it to the police.