Q: If an ex fling filed a TPO against me for stalking, should I take one out on her as well?
I had a 9 month relationship with a woman who is engaged to be married. Out of nowhere she broke it off, changed her number and blocked me. I sent a ridiculous amount of emails to try and get her to respond. Cusses her out, threatened to tell her boss she uses illicit drugs in which she does. In an email I stated " I see your at work?" I might stop by to talk. I had second thoughts and didn't go. She works 2 miles from my house for the Columbia County Board of Education as an administration assistant. Off of a state Hwy. You can look as you ride by and see her vehicle parked in the same spot everyday. I haven't spoken too not have I seen her at all in over a month. I don't care to see her. She filed a TPO against me. She claimed she filed an order against me a month and a half ago, and came to tell me she did the next morning. I think she lied if she didn't she violated that order within a matter of hours. I don't trust her and just wanted closure that is all.
A: You don't appear to have a basis for filing one. She hasn't harassed you. If you want closure, just don't have any contact with her.
Kedra M Gotel agrees with this answer
Be careful in how you respond, and you should retain the services of a local lawyer for a full review of the facts and timeline before making your next move. A Protective order MAY be warranted, but you are on unstable ground as she took the first move and your move should not appear to be punitive or vindictive.
Protective Orders are challenging and complex, especially when it comes to enforcement. The last thing you want is to get arrested for Agg Stalking for violating it.
Kedra M Gotel agrees with this answer
If your ex actually filed a TPO against you then the Sheriff's department would have served you with notice. Unless you have been avoiding service, she may just be pulling your coat tail. Avoiding service for a hearing for a temporary protective order can have adverse affects for you so hopefully you address this soon.
I agree with my colleague, you have no reasonable or articulable basis for seeking a temporary protective order against her. Based upon your own admission, you contacted her an excessive amount of times via email and threatened to come to her place of employment. Your acts may have made her fear for her safety and that such acts would likely occur in the future.
I hope this helps!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.