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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33781
Experience:  Began practicing law in 1992
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I have an ex husband that I use to get along real well. I've

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Hi, I have an ex husband that I use to get along real well. I've been friendly with a couple of his other girls. But this one, has been stalking me, having her and her friends write horrible things about me on tweeter FB all over social media. I've had to block her on a few things. But today I recived yet another message but on my personal email. Subject line says "Nice Try Pyscho 😂😂😂 #Pathetic" and in the email she wrote "Get a life"
I have pages and pages of horrible emails that she has sent to me. And just this past week she posted something on my tweeter acct saying "You don't need make up, your beautiful" Mind you this is a girl that I had to get (my ex husband bought it for me) a security system and cameras because she's not stable and when I finally became aware of her, she scares me. She says things like "you don't have much time left" "your time is coming to an end" I'm an actress (real actress) and my ex husband was a professional baseball player. He won't marry her, and she thinks it's because of me. So she's extremely insecure, which is fine, but she taking it out on me and I truly fair for my life. She's like Jodi Areus (sp) I've had a couple friends tell me to not get a straining order because that's exactly what she wants she wants the fame like myself and my ex-husband. Unfortunately for her he doesn't want to marry her, so of course I'm in her way, so she thinks. I've given her no reason to feel that way, she's also managed to ruin my relationship with my daughters. Dads not standing up to her, so she just does as she pleases, so I'm the mean one who try's to help them learn how to be accountable, she takes advantage of my girls youth (23 & 18) by saying disparaging & horrible things about me to them, that we're on the way to Parent alienation, but without the time under their belt to know what's really going on I'm afraid it's going to ruin our relationship and won't be able to repair it. I know that's from me to do, but it's really hard when I'm in fear of my life because of her. Can I get a restraining order? I don't want anything to do with her I want her to stop emailing me horrible messages and posting horrible things about me on social media period my reputation is my job, she is messing with any & all the levels that she can get her hands on, and she does. She's works out at this gym, and she has a bunch of friends that are on steroids, I have seen shows where someone like her will pay $5000 to have some killed, and I truly from her behaviour believe that she's that dangerous. And where does she get her money? Well she has a couple old guys that put money in a bank account for her. She's had lots of plastic surgery to try and look just like me. When I blocked her from my Instagram (which is now private, although I'm a public figure, and that hurts my brand) I let my ex see some of the horrible things she had written about me, he then broke up with her for a few minutes, and with in that time I saw how losing was way more bothersome to her then losing him. She frightens me a great deal. What can I do?
Thank you so much,
Tawny Kitaen
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is this really Tawny Kitaen? If so, I love your work, particularly Bachelor Party and Witchboard.

You can get a restraining order or, possibly, a protective order. There are some difference between the two although they are very similar. To get a protective order there has to be either violence or a threat of violence, which it appears there is. In addition, if she violated a protective order then she can be arrested immediately whereas with a restraining order or injunction you have to file a Motion for Contempt and go back to court first.

Also, a district attorney can file for a protective order but you would need a private attorney for a restraining order an an injunction. (A restraining order is just a temporary injunction).

Based on what you have told me in your facts I think it is extremely likely a judge would grant your request.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

Expert:  Dwayne B. replied 1 year ago.

You can also use a private attorney to get a protective order and that is usually a faster route.