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False Stalking Allegation Against Mother and Brother

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  • 08-17-2009, 06:13 PM
    dia
    False Stalking Allegation Against Mother and Brother
    My question involves Petition for civil stalking protection order in the State of: Ohio

    On August 7th my ex-sister in law attempted to drop off my nephew at my mothers several hours early(whom my brother lives with). My mother suffers from a severe case of Multiple Sclerosis and requested he (nephew) not be dropped off early due to pain. My ex-sister in law showed up anyways un-announced and a verbal altercation took place between my brother and her to the effect that he could not take my nephew at that time. My mother came out and tried to explain that she was in a lot of pain and needed quiet space.

    My mother turned to walk back into the house and my ex-sister in law ripped the mail box off the front of the house and hit my mother in the back with it. My mother at that point turned around and defended herself and a small altercation took place. My brother at that point called the police and the ex-sister in law left before they arrived. To complicate matters, my mother due to the multiple sclerosis is under the legal guardianship of our father who was not at home when this occured. My mother did not want to press charges. My brother and mother both gave their statements and that was it.

    My father returned home a couple hours later and called the police to file assault charges. The officer stated that since nobody was hurt that it would be thrown out of court and was told that my ex-sister in law had come up to the police station and gave her own statement.

    Fast forward to today, both my brother and mother were seved with Summons to appear in court one week from today for a Petition for civil stalking protection order, (scpo)(R.C. 2903.214) filed by my ex-sister in law.

    These are false allegations from a woman whom I suspect bipolar and needs mental help. I suspect the charges would be dropped from lack of evidence. In the summons she claims my mother and brother are calling and hanging up on her which they have not.

    Stalking is a serious allegation and i'm concerned that this will stay on my mother and brothers record even though they are not guilty. I would appreciate any advice on how to proceed fighting this charge. My first instinct is to come back at her very agressively through legal means to make sure this is not going to happen again, I just don't know how.
  • 08-19-2009, 05:12 PM
    Mr. Knowitall
    Re: False Stalking Allegation Against Mother and Brother
    They should get help defending themselves from a criminal defense lawyer. They can discuss with their lawyer if they wish to reconsider their decision not to file charges in the earlier incident and, if so, whether the prosecutor is likely to authorize charges given the delay and present circumstances.
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