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Category: Criminal Law
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Experience:  30 years legal experience
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can a person ask for an order of protection when only family

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can a person ask for an order of protection when only family member over 18 and friends are contacted by email at the most three times in the normal course of communication no threat no harassement and nobody said stop emailing other than the person asking for the order of protection

Good morning,

I'm Doug, and I'm very sorry to hear of the situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. What were the nature of the communications, specifically?


Customer: replied 3 years ago.

Person 1

Like frog eye moon shine

will be up for your convention

he is a tat I want you to do for me

your sisters husband pickrd up a felony charge over sea and I don't think she will tell the family


Person 2 17 yrs old


phone- talked about her not getting prom date

email congrat on being excepted at sarah Lawrence

e-mail brother and sistr in law live in Nj 30 min from your school sister in law English teacher of the yr...if sometime you need a safe port go there


person 3 mother


daughters former husband whom she relies on for $ has been arrested for stealing money from his over sea co. not sure she will tell you she will try to go it alone


person 4 former husband


emails while in new guina when you get state side we need to talk

Good afternoon Walter,

Thank you for the additional clarification.

There is absolutely nothing there to justify a court issuing an order of protection against anyone.

What the person seeking the protective order is doing is essentially seeking an injunction against free speech for speech that they don't care for. The court is not allowed to enjoin free speech except in dire circumstances---and this example of speech is perfectly fine---it is basic communication and not harassment in the least.

If a judge was crazy enough to issue a temporary protective order over this, then it needs to be challenged in court. There is no basis for an order of protection.

If you have additional questions, you may reply back to me using the Reply to Expert link.

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Customer: replied 3 years ago.

will I thought the same thing and I am not holoding back but the kicker is she said she was afraid of what I might do and I have not put eyes on her in 18 months and have not spoken to her in about a year and only e- mailed her twice. Is it correct to think that this misdeamnor civil charge has a 1 yr statue of limination.....because some of the struff I talk about happened more than a yr from the signing of the ex parte order.


what I reall think is the former husband is back in town and pushing her to get the order because I want to talk with him because believe it or not he sent her out to find a man and tell him about it.


yes I get the prize of the day for some crazy shit


walter mickulick

What state are you talking about.

What crime would be the misdemeanor?

Customer: replied 3 years ago.

stalking based on the above fact pattern

What state?
Customer: replied 3 years ago.



read the code 39-17-315


it confusing....seems like chain of events have to occur first harassment which than leads to misdeamnor stalking


can I motion the court to raise the standard of proof from preponderance to clear and convincing?


There were 4 separate contacts with 4 separate people. I don't see harassment, and I don't see stalking.

My point: (4) “Stalking” means a willful course of conduct involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested;

With just one contact per person---I don't see a course or repeated harassment of an individual?

The misdemeanot statute of limuitations in TN is 1 year. But no, the burden of proof is what it is.

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