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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118750
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Erroneous Stalking Allegations My ex-girlfriend recently

Customer Question

Erroneous Stalking Allegations My ex-girlfriend recently filed for a temporary protective injunction against me for alleged stalking. Last month she filed for a domestic violence protective injunction which was denied, I assume due to lack of proof, as
it was also fallacious.. The temporary stalking injunction was granted and the hearing is tomorrow. I have not yet been served notice of this, but came across it all when I was searching online public records to find some documents for an unrelated legal case.
My questions are: since the hearing is in less than 24 hours, I do not have the time to properly prepare a defense, hire an attorney if need be, etc. Should I proactively contact the court to ask for a continuance or will the court automatically reschedule
the hearing since they have been unable to serve me? (I have not been avoiding service, I have been out of town, but I assume they have tried to do so) Since I have not seen the papers, I have no idea what she is alleging, but I do know I have done nothing
wrong as I have not seen or talked to her in over 2 months, not driven by her home or work, etc. I have moved on with my life and am happy in another relationship. Will the papers contain whatever allegations she is claiming so that I can build a defense?
Will it include the names of any potential witnesses of the falsified claims? I don't know what I am up against and want to protect myself and my name from these outlandish accusations as I am a prominent professional in my town. I feel that this as well as
the denied DVI petition she filed last month are all just attempts to smear my name by a jaded and jealous ex-lover. Should I hire an attorney to ask for the continuance? I don't want to be passive and risk her getting some sort of default judgement against
me if I don't show up. Once this is over, and I assume the judge dismisses this, what is my best course of action to get my name removed from these allegations in the public record? I don't want business colleagues or others seeing my name attached to such
baseless claims. Finally, assuming this petition is denied by the judge like the one last month, do I have any recourse against her for making these false claims which are potentially defaming?
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You should wait for them to serve you. If they have not served you, they are supposed to continue the matter and order the sheriffs to try to serve you again. If you are never served, the order cannot be valid. If they for some reason enter an order based on lies about serving you, then you would get your attorney to get it vacated based on no service and that would add to your damages when you file your civil suit against her later.
The court file should contain the petition and that should list any witnesses of these alleged claims against you. The file is public record, so you can get a copy of everything from the clerk's file on the case.
You have recourse against her for filing the false claims and that is to file a civil suit against her for malicious prosecution for continuing to file false claims against you to get false orders from the court. Malicious prosecution is similar to defamation, but it is for when someone files false legal claims to annoy or harass and you can be entitled to all damages including attorney's fees.
Customer: replied 2 years ago.
If they serve me today, there's no way I can be prepared by morning. What do I do if I can't avoid service until after the hearing tomorrow? Also, if they can't serve me today and hypothetically serve me Wednesday, how much time will I have to prepare myself before the next hearing date? What kind of attorney specializes in these matters?
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
If they serve you today, there is nothing you can do. Typically a family law or criminal defense attorney would handle these types of cases. If they serve you, then you need to appear and object and also raise the issue that this is not the false claim she filed against you and raise the issue of the previous false claim that was dismissed.