Mistaken Harassing Contact

[garyS-NJ1]

My question involves restraining orders in the State of: new jersey
my previous thread on same subject was closed (perhaps mistakenly?) before there was a chance for constructive comment. so I'm repeating below and offer my apology in advance if the thread was closed for just cause by a forum moderator....


with a restraining order against me, my ex went to the police charging that I violated the no contact restriction by allegedly showing her a photo to intimidate her. She said the photo was of me with an Ex that I abused (inferring that I was "saying" with the photo, look, this could be you). She also alleged that I yelled profanities and pushed in her door to do such. In reality I was at her door to pick up my son, I said nothing to her and she observed a photo of me and a friend that I was showing my son. There was more to the incident because she started yelling at me but in court, it became clear that the photo was innocuous. It was a 28year old photo of me with a high school friend. not my ex (and I didn't abuse my ex either..). I believe she conjured the event to villify me in upcoming family court but the fact is that at worst, she was mistaken as to who was in the photo. The Trial Judge even made note that my ex may have been mistaken in her knowledge og the photo. It's similar to if she charged me with flipping her the bird but then admits in court that I was waving to my son. did I then make an illegal contact? of course not. but in appeal, what law or case law is behind me. I need to spell it out for the appeal (oh, yes, I forgot that the trial court found me guilty against a pile of evidence but the testimony and evidence is clear that the photo was not of me with anyone I ever lived with)/ . My Appellate Motion for Reconsideration gets submitted in two days, any help much appreciated..

[viol8te]

Your question seems to be based off the same situation. Most of it has been worded identically. In any event. It seem sthat you have been informed of what your options to the best that anyone is willing to do.

Personally, I am not inclined to assist anyone with how to overturn an OOP. Especially when they are the petitioner. I am confident that I speak for everyone who is willing to assist posters on this forum, that it is not in the best interest of the protected person to assist the respondent with any information regarding how to remove an OOP. Sorry.

[garyS-NJ1]

wow, thanks for speaking for everyone that uses this forum and concluding that our Justice System is only there for plaintiffs. BTW, if you read again, you will note that I am not looking to overturn an order of protection (which I will be attempting in the future to regain my civil rights), but rather overturn a conviction.

Know that all freedom fighters, including those who died for your liberty, were once branded as criminals and one of the tenants of our Declaration of Independance was that England did not provide a fair justice system for the american settlers/

With such a basic constitutional question, I'm surprised that I'm not getting more feedback on this forum. I've had some good help here but also seem to get many responses that should go unsaid.

should I say thanks for your response?

[drthyrd]

My question involves restraining orders in the State of: new jersey
with a restraining order against me, my ex went to the police charging that I violated the no contact restriction by allegedly showing her a photo to intimidate her. She said the photo was of me with an Ex that I abused (inferring that I was "saying" with the photo, look, this could be you).
It was a 28year old photo of me with a high school friend. not my ex (and I didn't abuse my ex either..).
I need to spell it out for the appeal (oh, yes, I forgot that the trial court found me guilty against a pile of evidence but the testimony and evidence is clear that the photo was not of me with anyone I ever lived with)/ . My Appellate Motion for Reconsideration gets submitted in two days, any help much appreciated..

I read all your interesting posts and one of the things that comes to my mind, and perhaps came to the judges mind, is ‘why did that 28 year old picture of the ex you didn’t beat happen to be with you on Easter when you went to pick up your son.’ I don’t tend to have 28 year old pictures fall out of my hands on holidays. . Also, the “I didn’t beat her either” seems to mean there is a pattern of women saying you are violent.

. The Trial Judge even made note that my ex may have been mistaken in her knowledge og the photo. It's similar to if she charged me with flipping her the bird but then admits in court that I was waving to my son. did I then make an illegal contact? of course not. but in appeal, what law or case law is behind me. I need to spell it out for the appeal (oh, yes, I forgot that the trial court found me guilty against a pile of evidence but the testimony and evidence is clear that the photo was not of me with anyone I ever lived with)/ . My Appellate Motion for Reconsideration gets submitted in two days, any help much appreciated..

The appeal isn’t over whether you like the guilty verdict but rather can you prove there was
 (a) Substantial denial in the conviction proceedings of defendant's rights under the Constitution of the United States or the Constitution or laws of the State of New Jersey;
 (b) Lack of jurisdiction of the court to impose the judgment rendered upon defendant's conviction;
 (c) Imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law if raised together with other grounds cognizable under paragraph (a), (b), or (d) of this rule. Otherwise a claim alleging the imposition of sentence in excess of or otherwise not in accordance with the sentence authorized by law shall be filed pursuant to R. 3:21-10(b)(5).
 (d) Any ground heretofore available as a basis for collateral attack upon a conviction by habeas corpus or any other common-law or statutory remedy.

wow, thanks for speaking for everyone that uses this forum and concluding that our Justice System is only there for plaintiffs. BTW, if you read again, you will note that I am not looking to overturn an order of protection (which I will be attempting in the future to regain my civil rights), but rather overturn a conviction.
Know that all freedom fighters, including those who died for your liberty, were once branded as criminals and one of the tenants of our Declaration of Independance was that England did not provide a fair justice system for the american settlers/
With such a basic constitutional question, I'm surprised that I'm not getting more feedback on this forum. I've had some good help here but also seem to get many responses that should go unsaid.
should I say thanks for your response?

Then make an appeal on the grounds NJ requires. The system isn’t just there for plaintiffs. The whole premise of innocent until proven guilty protects the defendant, sometimes at the expense of the victim (who is not the plaintiff as in criminal court the plaintiff is the State)! And the burden of proof for a criminal case is such that it is more likely a guilty person go free than an innocent person is convicted.

should I say thanks for your response?

You are welcome.

[garyS-NJ1]

thanks Drthyrd. your response is still off the topic of my request but since you showed some interest, I'll fill in some blanks hoping that you might be less judgemental. First of all, everyone knows that the lower courts are biased towards the protection of women plaintiffs and give out restraining orders like candy in order to err on the side of safety (for the alleged victim, and the Court). The Brian Hoffman case and a few other cases where the harassers eventuially became violent hurt some judicial careers and changed the face of Domestic Violence prosecutions.

The 28 year old photo was actually a recent myspace post from a friend who scanned the 28 year old photo. that printed photo was in a file folder with a home made Easter card, some other printouts of softcopy pictures (from fishing), and a bunch of photos all intended to be shared with my family at the easter table. the photo was interesting to me (and hopefully my son) because it showed me as a much younger man. If you read my post closely you'll note that my Ex alleged that it was someone that I beat/ she conjured that or was mistaken. it became clear in court because I produced the photo and the judge remarked that "maybe Ms, X was mistaken in who she thought was in the picture"

I hope my motion will persuade the Appellate Court to take the high road of Justice over the cut and paste affirm path. And I hope I can get somebody to talk to this one key point which I want to include as a point of law.
thanks again.

[drthyrd]

At this point, you need an attorney. This isn't an internet forum do it yourself endeavor.