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savafan
02-08-2007, 06:41 AM
Question for our legal experts. Say someone writes false and misleading information about you, claiming it to be factual, in an internet blog, accusing you of both immoral and criminal behavior publicly, what kind of recourse would one have?

RedsBaron
02-08-2007, 07:26 AM
Having done absolutely no legal research on the topic (so my fee at this point will be reasonable;) ), I would assume you would have the same recourse as if you had been the victim of libel in more traditional media. I cannot imagine there would be any greater protection of liebl and slander in a blog than there would be in any other forum.

savafan
02-08-2007, 07:47 AM
If you are curious at all about the blog which references me in a completely untrue fashion, you can find it here:

http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=5255636&blogID=227474601&MyToken=85e6eabf-529d-4771-8755-6935dee9acb6

I am the D.F.C. which he calls out by name, although that isn't my real middle name. It's pretty bad, and it will hurt my reputation among my co-workers at the Ohio Renaissance Festival. There's not a shred of truth to it however, and I have plenty of witnesses for my side, while the author of the piece wasn't even around when the alleged incident was supposed to have occured.

westofyou
02-08-2007, 10:38 AM
They should be sued for using that white text on that background.

Johnny Footstool
02-08-2007, 10:48 AM
They should be sued for using that white text on that background.

And that haircut.

sava, find a way to save a copy of that page so that the author can't alter it. The first thing to do would be to contact myspace and have them take it down. If they won't or can't, then look for legal recourse.

savafan
02-08-2007, 10:53 AM
And that haircut.

sava, find a way to save a copy of that page so that the author can't alter it. The first thing to do would be to contact myspace and have them take it down. If they won't or can't, then look for legal recourse.

Oh, I've already saved a copy of the page. How do I contact myspace about taking it down?

MrCinatit
02-08-2007, 10:53 AM
I would first print a copy of this.
Second, I would contact MySpace's customer service (click here (http://collect.myspace.com/index.cfm?fuseaction=misc.contactInput&primarySubject=2&secondarySubject=13)), and have them remove the content. I would also suggest suggesting to them they ban the account.
Finally, contacting a lawyer for this might not be a bad idea. There have been libel cases presented before concerning blogs - and those attacked have won.

And, yeah, WOY, that background is a freaking nightmare.

registerthis
02-08-2007, 10:54 AM
Question for our legal experts. Say someone writes false and misleading information about you, claiming it to be factual, in an internet blog, accusing you of both immoral and criminal behavior publicly, what kind of recourse would one have?

I think you're allowed to kill them.

But you might want to double check that.

Yachtzee
02-08-2007, 10:57 AM
I think you're allowed to kill them.

But you might want to double check that.

Kill who, the defamer or the legal experts?

registerthis
02-08-2007, 10:58 AM
Kill who, the defamer or the legal experts?

Either.

savafan
02-08-2007, 11:08 AM
I would first print a copy of this.
Second, I would contact MySpace's customer service (click here (http://collect.myspace.com/index.cfm?fuseaction=misc.contactInput&primarySubject=2&secondarySubject=13)), and have them remove the content. I would also suggest suggesting to them they ban the account.
Finally, contacting a lawyer for this might not be a bad idea. There have been libel cases presented before concerning blogs - and those attacked have won.



Done! Thanks. :)

Dom Heffner
02-08-2007, 01:15 PM
My feeling is you will have better luck with myspace than any legal action.

Libel or slander is a tough case because you have to prove he knows that what he is writing or saying isn't true. If he truly believes you did this, he is entitled to his opinion. If he knows you weren't there and you can prove he doesn't know, then you have him nailed to the wall.

I'm hoping that myspace has enough decency to not let him say something like that about another person without having proof first.

savafan
02-08-2007, 01:17 PM
I have two threatening answering machine messages as well telling me that he'll find me and make me pay for what I did...which really, what I did, was date his ex after he broke up with her, then when he begged for her to come back to him, she did.

Team Clark
02-08-2007, 01:32 PM
My feeling is you will have better luck with myspace than any legal action.

Libel or slander is a tough case because you have to prove he knows that what he is writing or saying isn't true. If he truly believes you did this, he is entitled to his opinion. If he knows you weren't there and you can prove he doesn't know, then you have him nailed to the wall.

I'm hoping that myspace has enough decency to not let him say something like that about another person without having proof first.

You are correct to some measure, however, I am embroiled in this very same type of episode now. Malicious intent and the nature behind it is far easier to prove by their own written words. I turned my case over to the Authorities and they have taken the ball and run with it. My civil process has not even begun as the "authorities" are doing most of the leg work.

savafan
02-08-2007, 01:36 PM
You are correct to some measure, however, I am embroiled in this very same type of episode now. Malicious intent and the nature behind it is far easier to prove by their own written words. I turned my case over to the Authorities and they have taken the ball and run with it. My civil process has not even begun as the "authorities" are doing most of the leg work.

Interesting, how did you begin the process?

Dom Heffner
02-08-2007, 02:15 PM
Actually- since sava is not a public figure, the burden of proof would be lower in this case- you'd just have to prove that this kid did not act with due care.

savafan
02-08-2007, 02:24 PM
Actually- since sava is not a public figure, the burden of proof would be lower in this case- you'd just have to prove that this kid did not act with due care.

What does that mean?

Dom Heffner
02-08-2007, 03:19 PM
What does that mean?

It basically means that he was negligent. If he wasn't even there, one could argue that he was negligent in disseminating a statement of which he could not have known to be true. For his defense, he may argue that it was told to him by someone who was there (which could still mean he was negligent), or that he was just offering his opinion of the situation, both of which would require further examination.

Jurisdictions are different, but the defense that usually goes up is the latter. In some areas, there is no distinction between opinion and fact, in others there is. If this was the leader of your church saying this, you'd have a much stronger case, perhaps, than someone who only knows you casually or who is perceived to know you casually.

Johnny Footstool
02-08-2007, 04:07 PM
I have two threatening answering machine messages as well telling me that he'll find me and make me pay for what I did...which really, what I did, was date his ex after he broke up with her, then when he begged for her to come back to him, she did.

Call the cops on the idiot.

The guy obviously has emotional problems that need to be taken care of. I'd be worried that he might do something to you or even the girl later on.

Yachtzee
02-08-2007, 04:12 PM
Call the cops on the idiot.

The guy obviously has emotional problems that need to be taken care of. I'd be worried that he might do something to you or even the girl later on.

Yeah, if he's calling your house and making threats, this goes beyond defamation.

Dom Heffner
02-08-2007, 07:19 PM
sava, you have a lot of drama going on, buddy. I hope all this stuff happening to you hasn't gotten you down.

And I can't believe this guy is dumb enough to leave messages and write things about you- both of which hold up much better in court than if he were to speak them into thin air. Dumb, dumb, dumb.

vaticanplum
02-08-2007, 07:24 PM
sava -- I wouldn't worry about this beyond asking myspace to take it down, if that. The context in which this guy says bad things about you is pretty much rambling and insane. It looks like a drug-induced mess. If this ever comes up to you by anyone who's read it, explain that it's not true. Anybody who has trouble buying that would, seems to me, be someone not worth your time.

MrCinatit
02-08-2007, 07:32 PM
I agree with the above - if he is calling your house, this is harassment bordering on physical endangerment.

Team Clark
02-08-2007, 11:08 PM
Interesting, how did you begin the process?

I contacted my employer to alert them. They contacted our Security people. They took it from there and they are not fooling around. It would be a lot more interesting if it were not happening to me! :laugh: It's amazing what good investigators can pull together in no time.

savafan
02-08-2007, 11:25 PM
I'm curious, if I went to the authorities, would I go to the authorities in my city, or in his city?

Also, he's now made his profile private. I'd love to see what might be said on there now.

Yachtzee
02-08-2007, 11:56 PM
I'm curious, if I went to the authorities, would I go to the authorities in my city, or in his city?

Also, he's now made his profile private. I'd love to see what might be said on there now.

I suppose it depends on the city, but I would go with your own city first.

Team Clark
02-09-2007, 01:38 AM
I suppose it depends on the city, but I would go with your own city first.

Your own. They will establish jurisdiction for you and then contact his city's authorities. Just remember that once the ball starts rolling you really can't stop it.

RedsBaron
02-09-2007, 08:33 AM
Sava, reporting this person to the authorities is probably the better way to go, although Team Clark is correct is stating that once the ball starts rolling you cannot necessarily stop it. The threats would concern me more than anything he posted on MySpace.
As for a civil suit for libel, I have no idea at all as to what laibility, if any, MySpace could have. Any libelous statements the poster made against you would be actionable, and since you are not a "public figure" the bar would not be raised as high for you to win. However, that does not mean that a lawyer would recommend that you file suit.
There are three essential elements to any suit worth pursuing. First, you want a good liability case; you may have that. Second, you need to have suffered significant enough monetary damages to make the case worth pursuing, and the burden of proof will be upon you to establish those damages--litigation is extremely expensive. Yes, you can seek punitive damages as well as compensatory damages, but you usually do need some compensatory damages. Third, you need a liable defendant with "deep pockets" who can be forced to pay any judgment you may obtain--if the defendant is essentially "judgment proof" with a lack of resources from which you can collect, then a wonderful liabilty and damages case won't put any money in your pockets.
Finally, you should consider whether or not filing a civil suit would simply result in greater publicity of the accusations made against you in the original MySpace post, and whether or not being sued would cause the defendant to react irrationally, given the threats you stated you have already received.

savafan
02-09-2007, 01:01 PM
Those are all excellent points Redsbaron. Thank you.

Dom Heffner
02-09-2007, 05:08 PM
I have no idea at all as to what laibility, if any, MySpace could have.

My understanding is that MySpace cannot be held liable.

wolfboy
02-09-2007, 06:24 PM
My feeling is you will have better luck with myspace than any legal action.

Libel or slander is a tough case because you have to prove he knows that what he is writing or saying isn't true. If he truly believes you did this, he is entitled to his opinion. If he knows you weren't there and you can prove he doesn't know, then you have him nailed to the wall.

I'm hoping that myspace has enough decency to not let him say something like that about another person without having proof first.

There's also a reckless disregard side to proving malice. It's an either or. Generally, it's almost impossible to show that someone knew it was false at the time, so the more common approach is to establish reckless disregard. In either instance, it's a tough case to win. In this case, like Yachtzee said, he's not a public figure. This grants him the less burdensome task of showing negligence.

This sounds like a mess for you Sava. I hope it works out for the best.

savafan
02-09-2007, 10:57 PM
Well, the girl in question has come to me and apologized, saying that he's been really crazy lately, and that she doesn't know what to do.

Ravenlord
02-10-2007, 04:30 AM
Well, the girl in question has come to me and apologized, saying that he's been really crazy lately, and that she doesn't know what to do.

a co-dependent with a racist sociopath will do that. i wouldn't be at all surprised if he tries to kill her or some other love interest one day. that said, you and i can break him if worst comes to worst.

savafan
02-10-2007, 05:39 AM
a co-dependent with a racist sociopath will do that. i wouldn't be at all surprised if he tries to kill her or some other love interest one day. that said, you and i can break him if worst comes to worst.

Ah, yes...so you remember the situation.

Johnny Footstool
02-12-2007, 10:55 AM
Well, the girl in question has come to me and apologized, saying that he's been really crazy lately, and that she doesn't know what to do.

All the more reason for you to report his behavior to the police.

If (God forbid) something does happen later on, he'd have a prior complaint on record.

savafan
02-12-2007, 02:06 PM
He leaves me a message today saying, "You're next Dave." and I call 911 to file a report. They go and talk to him and come back with a restraining order against me for harassment. Lovely...

Ltlabner
02-12-2007, 02:12 PM
He leaves me a message today saying, "You're next Dave." and I call 911 to file a report. They go and talk to him and come back with a restraining order against me for harassment. Lovely...

Wow....how in the world did they explain that one?

savafan
02-12-2007, 02:26 PM
Wow....how in the world did they explain that one?

I wish I knew. I'm floored.

Ltlabner
02-12-2007, 02:28 PM
I wish I knew. I'm floored.

Didn't the cops explain why the RO was filled?

TeamSelig
02-12-2007, 02:32 PM
What exactly did his blog say?

I didn't get to it in time before he made it private.

Johnny Footstool
02-12-2007, 04:28 PM
He leaves me a message today saying, "You're next Dave." and I call 911 to file a report. They go and talk to him and come back with a restraining order against me for harassment. Lovely...

Did they listen to the message he left you?

savafan
02-13-2007, 01:19 AM
Did they listen to the message he left you?

No.

Okay, if things can have a happy ending, this story may have one.

I'll update as soon as I have all the details.

George Foster
02-13-2007, 01:37 AM
No.

Okay, if things can have a happy ending, this story may have one.

I'll update as soon as I have all the details.

You can file a EPO against him as well. Emergency protective order. You need to do this ASAP. If he goes off the deep end and does not show up for work, you will get called in for questioning. You need to go to the cops with what you got and explain the situation. They are there to help you, but you have to spoon feed them. Show them the blog and let them hear the messages. Get the girl to tell her side of the story as well.

Ravenlord
02-13-2007, 06:11 AM
He leaves me a message today saying, "You're next Dave." and I call 911 to file a report. They go and talk to him and come back with a restraining order against me for harassment. Lovely...

ahhh...the worthless, half-assed legislative branch that is the Dayton/Miamisburgh police and Montgomery county shire-reeves.

RedsBaron
02-13-2007, 07:49 AM
Sava, my advice is now simple: Go talk to a lawyer. Not just somebody here on RedsZone who can give informal opinions without actually entering into an attorney-client relationship with you----you need to talk with a lawyer, someone admitted to practice in your state and who practices in your community, someone with some concentration in legal matters such as this, and someone who would be willing to represent you. IMO this has now gone beyond just asking your buddies their opinions as to what to do, even if some of those buddies have some legal knowledge or even if they have law degrees-you need someone who can and will represent you, and you need that lawyer NOW.

Team Clark
02-13-2007, 05:54 PM
Didn't the cops explain why the RO was filled?

I'm always amazed how little protection there is in the system for the victim. Sad. Really sad.

savafan
02-15-2007, 04:42 PM
Okay, I think I'm done with him now.

Here's the skinny. His girlfriend messaged me Sunday night saying that she needed to get out and talk to someone because they had a huge argument, and she didn't feel safe there. I agreed to go and pick her up, and we met at a secure location that I made sure to scout in advance of our meeting time to be sure that he wouldn't be there waiting for me somewhere.

We went to Wal-Mart and walked around talking for a couple hours, then on our way back, she decided that she was going to leave him. She asked me to wait at the secure location while she went and packed her things. I agreed to wait, and I waited four hours before I had to leave to get ready for work. When I got home from work, that is when I had the most recent threatening messages from him, and I tried to call over at his house to find out what he had done to her, but there was no answer. That's when I called the police, and they responded that she was okay, and informed me about the "temporary protection order". Well, from there, I wasn't comfortable with how things stood, so I called her mother.

Her mom called her at his house, and she told her mom that she wanted to leave but he was blocking the door and refusing to let her go. Well, between her mom and another friend of ours, they managed to get her and all of her stuff out of his house, and she stayed her for a few days through the snowstorm, and is now with her sister.

There's been a lot of talking, some listening, and even more talking going on over the last several days, but thankfully, at least she's safe, and she's not going back to him.

Team Clark
02-15-2007, 11:05 PM
Okay, I think I'm done with him now.

Here's the skinny. His girlfriend messaged me Sunday night saying that she needed to get out and talk to someone because they had a huge argument, and she didn't feel safe there. I agreed to go and pick her up, and we met at a secure location that I made sure to scout in advance of our meeting time to be sure that he wouldn't be there waiting for me somewhere.

We went to Wal-Mart and walked around talking for a couple hours, then on our way back, she decided that she was going to leave him. She asked me to wait at the secure location while she went and packed her things. I agreed to wait, and I waited four hours before I had to leave to get ready for work. When I got home from work, that is when I had the most recent threatening messages from him, and I tried to call over at his house to find out what he had done to her, but there was no answer. That's when I called the police, and they responded that she was okay, and informed me about the "temporary protection order". Well, from there, I wasn't comfortable with how things stood, so I called her mother.

Her mom called her at his house, and she told her mom that she wanted to leave but he was blocking the door and refusing to let her go. Well, between her mom and another friend of ours, they managed to get her and all of her stuff out of his house, and she stayed her for a few days through the snowstorm, and is now with her sister.

There's been a lot of talking, some listening, and even more talking going on over the last several days, but thankfully, at least she's safe, and she's not going back to him.


WOW.. what an ordeal. You're a real trooper. Glad you are OK. Keep your head on a swivel.

George Foster
02-15-2007, 11:57 PM
Dude, this guy sounds nuts, I don't think you are out of the woods yet. What is going to stop him from coming after you? Get a EPO. He lost his girlfriend....he might blame you. Not trying to scare you but this guy does not sound stable. I think it would be in your best interest to expect the worst, and be prepaired for it.

LoganBuck
02-16-2007, 12:25 AM
Sava, follow some of the advice here. Please, go to the police, if we are getting the full story here, right now they need to hear your side of the story, in person, with your proof. This dude is a six pack of beer away from doing something stupid.

savafan
02-16-2007, 12:59 AM
Sava, follow some of the advice here. Please, go to the police, if we are getting the full story here, right now they need to hear your side of the story, in person, with your proof. This dude is a six pack of beer away from doing something stupid.

Oh, I went to the police, and now neither he nor I are allowed near each other. Works for me. :D

Ravenlord
02-16-2007, 04:17 AM
Dude, this guy sounds nuts...

you don't know the %(*&^# half of it with him...

savafan
02-16-2007, 11:41 AM
you don't know the %(*&^# half of it with him...

I'm sorry Rob, I don't know why he's now going after you...

Ravenlord
02-16-2007, 09:28 PM
I'm sorry Rob, I don't know why he's now going after you...

i think he might have just sent the same message to the first few people on your friends list, cause as far as i know, he doesn't know me.

CougarQuest
02-16-2007, 10:33 PM
I'm curious, if I went to the authorities, would I go to the authorities in my city, or in his city?

Also, he's now made his profile private. I'd love to see what might be said on there now.

Regarding the phone calls, your city.

CougarQuest
02-16-2007, 10:55 PM
Wait, wait, wait, wait, wait. Your saying that YOU called the police to fill a complaint against this guy and after they went to talk to him, they allowed HIM to file a temporary protection order against you?!?!? And when you talk to the police they didn't even listen to your taped phone calls or look at your evidence?!? WHAT?!? And you have never threatened this guy? The threatening phone call is a crime. Period.

If what I typed is accurate, then call the police department and ask to speak to a Sergeant (or above) and request he/she respond and listen to your complaint and your taped evidence and copied MySpace item. Explain to him/her that what you are concerned about is your safety. Then ask him/her to review all the reports filed involving all parties and then explain to you how it is possible that he was allowed to file a temporary protection order against you. In fact, ask for a copy of all reports involving him/her/you for the past two months.

Is the temporary protection order against you, cover him AND her?

Without knowing the details and reading between the liines, I don't know how much I would trust HER either.

Team Clark
02-16-2007, 11:15 PM
Wait, wait, wait, wait, wait. Your saying that YOU called the police to fill a complaint against this guy and after they went to talk to him, they allowed HIM to file a temporary protection order against you?!?!? And when you talk to the police they didn't even listen to your taped phone calls or look at your evidence?!? WHAT?!? And you have never threatened this guy? The threatening phone call is a crime. Period.

If what I typed is accurate, then call the police department and ask to speak to a Sergeant (or above) and request he/she respond and listen to your complaint and your taped evidence and copied MySpace item. Explain to him/her that what you are concerned about is your safety. Then ask him/her to review all the reports filed involving all parties and then explain to you how it is possible that he was allowed to file a temporary protection order against you. In fact, ask for a copy of all reports involving him/her/you for the past two months.

Is the temporary protection order against you, cover him AND her?

Without knowing the details and reading between the liines, I don't know how much I would trust HER either.


CQ. Glad to see you follow up on this. I was so baffled by this I almost e-mailed you to read this post. I'm glad I'm not in Sava's shoes. At least my "problem" doesn't live here. :laugh:

LoganBuck
02-17-2007, 12:23 AM
Wait, wait, wait, wait, wait. Your saying that YOU called the police to fill a complaint against this guy and after they went to talk to him, they allowed HIM to file a temporary protection order against you?!?!? And when you talk to the police they didn't even listen to your taped phone calls or look at your evidence?!? WHAT?!? And you have never threatened this guy? The threatening phone call is a crime. Period.

If what I typed is accurate, then call the police department and ask to speak to a Sergeant (or above) and request he/she respond and listen to your complaint and your taped evidence and copied MySpace item. Explain to him/her that what you are concerned about is your safety. Then ask him/her to review all the reports filed involving all parties and then explain to you how it is possible that he was allowed to file a temporary protection order against you. In fact, ask for a copy of all reports involving him/her/you for the past two months.

Is the temporary protection order against you, cover him AND her?

Without knowing the details and reading between the liines, I don't know how much I would trust HER either.

This is my line of thinking as well.

savafan
02-17-2007, 06:41 AM
Is the temporary protection order against you, cover him AND her?

Without knowing the details and reading between the liines, I don't know how much I would trust HER either.

I was skeptical about her for a while, but after watching her for a bit while she was staying here with me, and in subsequent conversations, I pretty much trust her completely now.

As for the TPO, my grandmother, who works for a different police department, says that I shouldn't be too worried about it, because it will keep him away from me as well. I still don't understand how he managed to get one against me when I did absolutely nothing to him, but that's neither here nor there, it's not the first time I've called that particular police department and have it turn around to bite me in the butt...actually, it's the third time now.

I am curious about the TPO though, is this something that goes on my permanent record?

savafan
02-17-2007, 07:48 AM
i think he might have just sent the same message to the first few people on your friends list, cause as far as i know, he doesn't know me.

Nope, you were "lucky" in this respect brother.

If you still talk to Dylan, be sure and mention this to him, because he told Dylan that he didn't send you any messages, same as he told Dylan that he never threatened me.

creek14
02-17-2007, 09:09 AM
A restraining order is a piece of paper. Nothing more. It's not going to protect you from a crazy person. You think people like that care about the threat of going to jail?

You need to distance yourself from everyone involved in this mess.

Ltlabner
02-17-2007, 10:25 AM
A restraining order is a piece of paper. Nothing more. It's not going to protect you from a crazy person. You think people like that care about the threat of going to jail?

You need to distance yourself from everyone involved in this mess.

Agreed...as much as you might like this girl, she sounds like she as much of the problem as the crazy guy. Something tells me that deep down inside, she likes being in the middle, stirring the pot and the attention. That's just a guess, and I don't mean to be an arm-chair advice giver but that's my take.

CougarQuest
02-17-2007, 04:18 PM
I was skeptical about her for a while, but after watching her for a bit while she was staying here with me, and in subsequent conversations, I pretty much trust her completely now.

As for the TPO, my grandmother, who works for a different police department, says that I shouldn't be too worried about it, because it will keep him away from me as well. I still don't understand how he managed to get one against me when I did absolutely nothing to him, but that's neither here nor there, it's not the first time I've called that particular police department and have it turn around to bite me in the butt...actually, it's the third time now.

I am curious about the TPO though, is this something that goes on my permanent record?


How did he get the TPO? That's why I told you to get a copy of the reports involving you/him/her. Those reports will have in them what each party said. I would suspect someone backed up his story, because if you didn't threaten him, then he has no physical evidence. Whatever his story is, bare minimum, included you threatening him. When the police went to talk to him, whom do you think might have been there with him to back up his story? I would HIGHLY encourage you to call for a Sergeant or above and do what I mentioned above. Be courteous and remember throughout your conversation that your goals are your safety and to clarify this situation.

You absolutely need to get a copy of the TPO (I'm surprised you weren't served). You need to see who you have to stay away from (just him or him and her, and if they have children it would probably include them too), and where you are not allowed to go (where he lives, where he works, possibly other places like schools, daycare centers, relatives of theirs). And how far (in feet) you must stay away from this person. This may sound easy, but if you walk into WalMart and he's in there, guess who has to leave? Bought tickets for some event and he's there, guess who has to leave? It would most likely also include prohibiting you from calling his house and place of employment, regardless of who your calling for. She have a cell phone? Who's name is it under?

A TPO doesn't really go on your "record" like an arrest or conviction. It doesn't come up in your local/state/federal criminal record, or your BMV portion of the record, but it comes up in your local/state/federal portions of the computer printout as a TPO. Anytime your are run through the law enforcement computer system, it will "pop" up, even nationwide. Which gives an appearance that you have been involved in wrongdoing. That may not matter to you (I'm assuming you aren't a person that is likely to have a media concern) unless you plan on changing jobs where an employer may want a background check completed in the next year or so. There's also other restriction possibilities.

TPO's are easily obtained. All you need to do is claim you are fearful. Many times, it's an abused part of the judicial system. Especially separated/divorcing situations. Some divorce attorneys automatically apply for them on behalf of their client.

Can I ask what area you live in (you can send it IM, if you prefer)? Based on comments, I suspect it's not far from Cincinnati/Dayton. I happen to know quite a lot of law enforcement / prosecutors in the tri-state area. I may be able to suggest someone to talk to specifically. Every police department is like any place of employment, you have your good employees and you have your not so good employees. And even the good employees have a bad day once in a while. Yeah, there human. Again, please call the Sergeant (or above).

savafan
02-17-2007, 04:34 PM
CQ, I actually live in Dayton, but he lives in Miamisburg, which is the police department involved here.

Now you have picqued my interest. I'll find out the answers to these questions. I found out about the TPO from the 911 operator who called me back, is that S.O.P.?

CougarQuest
02-17-2007, 04:42 PM
CQ, I actually live in Dayton, but he lives in Miamisburg, which is the police department involved here.

Now you have picqued my interest. I'll find out the answers to these questions. I found out about the TPO from the 911 operator who called me back, is that S.O.P.?

Did you call Dayton P.D.? That is who you should have called to make a report about the phone calls.

A 911 operator?!? I've never heard of such a SOP.

savafan
02-17-2007, 06:13 PM
There is no TPO yet. He's trying to get one. His mom said that I've been driving by their house menacingly from time to time...which is almost humorous to fathom, seeing as how I'd have no reason or desire to be near him.

Apparently, what I received from the 911 op was a warning not to go near their residence. As of now, the MPD doesn't see justification for serving me with a TPO, unless he has something more substantial.

Team Clark
02-17-2007, 06:18 PM
There is no TPO yet. He's trying to get one. His mom said that I've been driving by their house menacingly from time to time...which is almost humorous to fathom, seeing as how I'd have no reason or desire to be near him.

Apparently, what I received from the 911 op was a warning not to go near their residence. As of now, the MPD doesn't see justification for serving me with a TPO, unless he has something more substantial.

Sounds like the 911 Op was trying to "play cop". I can only encourage you to follow every bit of CQ's advice. His knowledge on these issues is infallible.

Dracodave
02-17-2007, 06:45 PM
I feared this situation would arise with me within the last couple of weeks when I broke up with a very pyscho girlfriend.

Things were spoken and said that I really at the time thought were jokes. ("I'll kill you if you piss me off.", "I'll cut off your **** if I think you ever cheated on me".) Then as I really got to know her and spend more time with her I realized she WAS that crazy.

I alerted my college about it as she went there, my teacher has a degree in criminal justice so I went to him about it..Did pretty much like everyone here said.

Documented times and what was said. Documented the days where she followed me around school. Documented her and her new "boyfriend" following me around the parking lot, parking infront of my class, and listening into my phone conversations.

It was a horrible situation and I really dont "declare" myself out of the water yet. I don't trust what she tells other people about things nor do I trust what she told my school expecially after they approached me an said "Dave, if she says ANYTHING to you, anything at all. You come and report it to us that second okay?"

That really scared the bejeezus out of me.

So I know EXACTLY how your feeling Sava.

CougarQuest
02-17-2007, 08:35 PM
There is no TPO yet. He's trying to get one. His mom said that I've been driving by their house menacingly from time to time...which is almost humorous to fathom, seeing as how I'd have no reason or desire to be near him.

Apparently, what I received from the 911 op was a warning not to go near their residence. As of now, the MPD doesn't see justification for serving me with a TPO, unless he has something more substantial.

OK, that makes much more sense.

Basically what happened is the police were called and after hearing their side of the complaint, the officer requested the dispatcher to call you and say "No more. Whatever, if anything, your doing with this guy, stop it. He doesn't want you calling him and he doesn't want you visiting him. Just stay away from each other". The cops aren't saying you did do anything, what they ARE saying is that there is obvious tension, so stay away from each other from this point forward. If the tension continues or esculates, then there can be a TPO(s) issued or arrest(s) made. Your nemesis probably received the same warning/advice in person from the officer.

The police can give him the paperwork to fill out to have the courts issue a TPO, but the police (technically) can not issue a TPO. If the courts issue a TPO, then law enforcement or a court appointed person will be instructed to serve you with a copy of it. In certain instances, the courts have mandated that on certain crimes (for example, Domestic Violence) when the person fills out the paperwork and it's notorized (or a clerk or a law enforcement officer in situation where the person can not fill out the paperwork), the TPO becomes effective immediately (even if it hasn't been seen by the courts yet).

But it doesn't sound like it has even come close to reaching that point. What it sounds like is all you have at this point is a verbal warning to stay away from each other so it doesn't esculate.

Funny though, it was his mom that called.

CougarQuest
02-17-2007, 08:44 PM
I feared this situation would arise with me within the last couple of weeks when I broke up with a very pyscho girlfriend.

Things were spoken and said that I really at the time thought were jokes. ("I'll kill you if you piss me off.", "I'll cut off your **** if I think you ever cheated on me".) Then as I really got to know her and spend more time with her I realized she WAS that crazy.

I alerted my college about it as she went there, my teacher has a degree in criminal justice so I went to him about it..Did pretty much like everyone here said.

Documented times and what was said. Documented the days where she followed me around school. Documented her and her new "boyfriend" following me around the parking lot, parking infront of my class, and listening into my phone conversations.

It was a horrible situation and I really dont "declare" myself out of the water yet. I don't trust what she tells other people about things nor do I trust what she told my school expecially after they approached me an said "Dave, if she says ANYTHING to you, anything at all. You come and report it to us that second okay?"

That really scared the bejeezus out of me.

So I know EXACTLY how your feeling Sava.

Interesting that they had you do all that, but did they notify the campus police? Did anyone from the campus police or the college talk to her (tell her to stop)?

Just because you call the police doesn't mean that someone gets arrested in these situations. There are other options. You can have everything documented. Many times, (obviously not always) having someone in authority (the college or the police) telling the person to stop, will make them stop.

Dracodave
02-17-2007, 09:04 PM
Interesting that they had you do all that, but did they notify the campus police? Did anyone from the campus police or the college talk to her (tell her to stop)?

Just because you call the police doesn't mean that someone gets arrested in these situations. There are other options. You can have everything documented. Many times, (obviously not always) having someone in authority (the college or the police) telling the person to stop, will make them stop.


The Dean of the school talked to her and thats why she stopped harrasing me. We have no campus police (I attend ITT in Norwood).

I have alot of friends that went to bat for me over it cause of her closeness to a teacher, whom at the time was following me as well. Which is pretty much off limits due to the contract they sign to teach there.

Basically what brought this all one was, she was "big" into her teacher. Their jokes even while she was dating me where getting out of hand and I had enough of it.

When I called her out on it, she told me she'd chose him over me. I told her that a)I'm not her cover up boyfriend. I will not be there for her anymore. b)I will not be speaking to her anymore and c)I would like it if she would leave me alone.

That progressed into her following me and finally a confrontation of "Are you done with you're little hissy fit with me?" Which she said infront of my teacher..who I had told everything to the entire time. He suggested I document everything and have the talk. Which I did.

savafan
02-19-2007, 04:57 AM
I don't even know what to say now...this may well be on the way to becoming one of the craziest stories ever, ever, ever...

All I can say is that things are working out.