This is for those of you who remember the old thread about the mentally unstable ex-girlfriend file a protection order.
I presented her with all of the chat logs and gave her the run down of what happened. She said that I have never threatened anyone with violence (which is true) and have never committed any crimes (also true), so the protection order will be nullified as soon as I present the facts to the judge. If she can prove that I slashed her tires beyond a shadow of a doubt, then the judge may reconsider. Since this is impossible and I have alibi witnesses, the order is as good as gone.
Locking her out of our apartment was irrelevant because it was non-violent and not illegal (it isn't illegal until you file a court order against harrassment or an order directing you to never lock her out again, your room mates can legally lock you out until you get a court order telling them that they can't).
Threatening to speak poorly of her to others is also not a crime and not a violent threat.
She convinced me that protection orders are incredibly easy to obtain even over non-violent matters, but they're also incredibly easy to nullify if you demonstrate that you have not used or threatened to use violence. It's up to the plantiff to prove that I've used or threatened to use violence. I've never threatened or used violence, therefore it is impossible for her to prove this.
In other words, she told me that I'm a shoe-in for getting the protection order nullified. It will remain on my permanent record with a nullified status. If it weren't nullified, the only time I'd get questioned would be in the distant future if I end up requiring government security clearance. Since it's not criminal or federal, it won't show up on anything but the most extreme background checks that only defense contractors use. I probably won't be working in defense.
By law, I can not file a protection order against her because she filed one against me first. It's a common tactic; when someone threatens with legal action, it's common for the defendant to strike first in retaliation, and judges will become very upset if this comes to light. That's a stupid law, but things are as they are. I have proof that I threatened legal action first. The lawyer told me that most judges will throw out the case completely and sometimes they become irate with the plantiff in light of such evidence.
Cliffs
1) Spoke with a lawyer regarding a falsely filed protection order
2) Property damage and "violent threats" were the two instances that could be construed as violent
3) She read the message of the "threat" and determined that it was in fact non-violent. Threatening to talk about someone is not legally considered a threat
4) Property damage is irrelevant because she can't prove that I did it
5) Protection order easy to obtain for anyone for any reason, but also easy to nullify unless there is evidence against you
6) If I bring the chat logs and 1 character witness I should be fine
7) Protection order on the permanent record really isn't a big deal anyway, so long as I don't talk to her
8) I'll get it nullified anyway so she can't stalk me and try to get me arrested, which is something she'd do
9) She can waste her time and show up to the trial, but it won't do her any good. She and I have the same chat logs, and legally they're clean of violent threats. There's nothing she can say or do about the nullification
I presented her with all of the chat logs and gave her the run down of what happened. She said that I have never threatened anyone with violence (which is true) and have never committed any crimes (also true), so the protection order will be nullified as soon as I present the facts to the judge. If she can prove that I slashed her tires beyond a shadow of a doubt, then the judge may reconsider. Since this is impossible and I have alibi witnesses, the order is as good as gone.
Locking her out of our apartment was irrelevant because it was non-violent and not illegal (it isn't illegal until you file a court order against harrassment or an order directing you to never lock her out again, your room mates can legally lock you out until you get a court order telling them that they can't).
Threatening to speak poorly of her to others is also not a crime and not a violent threat.
She convinced me that protection orders are incredibly easy to obtain even over non-violent matters, but they're also incredibly easy to nullify if you demonstrate that you have not used or threatened to use violence. It's up to the plantiff to prove that I've used or threatened to use violence. I've never threatened or used violence, therefore it is impossible for her to prove this.
In other words, she told me that I'm a shoe-in for getting the protection order nullified. It will remain on my permanent record with a nullified status. If it weren't nullified, the only time I'd get questioned would be in the distant future if I end up requiring government security clearance. Since it's not criminal or federal, it won't show up on anything but the most extreme background checks that only defense contractors use. I probably won't be working in defense.
By law, I can not file a protection order against her because she filed one against me first. It's a common tactic; when someone threatens with legal action, it's common for the defendant to strike first in retaliation, and judges will become very upset if this comes to light. That's a stupid law, but things are as they are. I have proof that I threatened legal action first. The lawyer told me that most judges will throw out the case completely and sometimes they become irate with the plantiff in light of such evidence.
Cliffs
1) Spoke with a lawyer regarding a falsely filed protection order
2) Property damage and "violent threats" were the two instances that could be construed as violent
3) She read the message of the "threat" and determined that it was in fact non-violent. Threatening to talk about someone is not legally considered a threat
4) Property damage is irrelevant because she can't prove that I did it
5) Protection order easy to obtain for anyone for any reason, but also easy to nullify unless there is evidence against you
6) If I bring the chat logs and 1 character witness I should be fine
7) Protection order on the permanent record really isn't a big deal anyway, so long as I don't talk to her
8) I'll get it nullified anyway so she can't stalk me and try to get me arrested, which is something she'd do
9) She can waste her time and show up to the trial, but it won't do her any good. She and I have the same chat logs, and legally they're clean of violent threats. There's nothing she can say or do about the nullification
