Q: Is it a PPO violation when respondent files all documents pro se?
I have a non-domestic PPO granted in 12/21 against the former owner (“RW”) of my property for stalking (sending harassing letters). We bought our house 3 yrs ago in a foreclosure. RW has litigated the foreclosure for over 10 years — all were pro se & she lost every claim. RW is prohibited from "sending mail or other communications" to us. However, because she does everything pro se, she continues to send us legal filings (14 total), the latest being a notice she is rescinding the original mortgage, etc. Now her husband signs the forms but the evidence is completed and signed by her.
I want to file a PPO violation with the court but I was told that because she is doing all of this pro se, she is "representing" the court and it's not not a violation of the PPO. I can't find any guidance on this topic. Is it true that by representing herself, she can continue to harass us through the mail even tho the PPO prohibits it?
A:
It isn't so much the fact that she's representing herself; it's the fact that she is attempting - albeit poorly - legal proceedings. The service of papers is part of a legal proceeding that she remains entitled to try regardless of the PPO. In other words, just because you have a PPO doesn't preclude her from trying to sue you.
You will likely need the services of an attorney who could respond in kind to her legal claims, perhaps including a request for sanctions for her frivolous filings or that future actions come only upon leave of the court.
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