Results 1 to 7 of 7
  1. #1
    Join Date
    Oct 2018
    Posts
    4

    Default Stalker Uses My Recording to Obtain R.O.

    My question involves restraining orders in the State of: Vermont

    The physically abusive ex-husband of my partner came to her house and started shouting at her from the street while I was in the house. To prevent him from attacking her I stepped out onto the porch and started video recording him with my phone. He obtained a restraining order citing the fact that I was recording him as evidence that I was monitoring him. In court I admitted that I was recording the argument. The purpose for my recording was out of self-defense.

    Is it possible to appeal this decision on the grounds that I was recording him out of self-defense?

  2. #2
    Join Date
    Oct 2016
    Posts
    2,765

    Default Re: Stalker Uses My Recording to Obtain R.O.

    Were you in court when the RO was granted? I can't imagine a judge issuing an RO only because you legally recorded his shouting.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Stalker Uses My Recording to Obtain R.O.

    If the content of the recording would have led the court to understand that you were not engaged in improper conduct, you could have presented the recording in court. If the recording was presented and the court found against you, it would appear to follow that the recording reflects statements or actions by you that the court found to support the petitioner's case.

    You would have benefited from having a lawyer at the hearing. I am going to assume that you chose to represent yourself; if that is the case, it's time to get a copy of the court file and consult a lawyer with the full facts of your situation in order to see what relief you may be able to get and your best approach to obtaining that relief.

  4. #4
    Join Date
    Sep 2010
    Posts
    18,910

    Default Re: Stalker Uses My Recording to Obtain R.O.

    Was the RO issued against you?

  5. #5
    Join Date
    Jul 2018
    Posts
    1,192

    Default Re: Stalker Uses My Recording to Obtain R.O.

    Quote Quoting samsuburra
    View Post
    He obtained a restraining order
    Against whom? You? Or your girlfriend? Or both of you?

    Quote Quoting samsuburra
    View Post
    Is it possible to appeal this decision on the grounds that I was recording him out of self-defense?
    Sure, but why would you or your girlfriend want to do that? Does either of you have an intention of contacting her ex-husband for any reason?

    Please also answer the questions asked in the prior responses.

  6. #6
    Join Date
    Oct 2018
    Posts
    4

    Default Re: Stalker Uses My Recording to Obtain R.O.

    Thank you so much for giving this your attention.

    I was in court.

    The judge cited the second reason that I had stopped my bike and watched him pick up his daughter from school. The school is 400 ft from my partners house. I usually stop at the park across the street from the school to text her before knocking on her door so that I don't trigger her PTSD.

    The recording was not presented. It would have been very helpful for me. I had a lawyer who backed out at the last minute. I told the judge this and they decided to proceed with the hearing anyway. The ex-husband had a lawyer with 2 weeks of preparation, a P.I. and subpoenaed two "benign" witnesses. He was unable to get the RO to include his daughter which he claimed was the primary motivation for the RO.


    The RO is against me and it would be damaging to my career. Also, he has been systematically defaming me throughout this small city and this would be more ammunition for him.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Stalker Uses My Recording to Obtain R.O.

    If you chose not to present the recording in court, the consequence is that the court had to weigh your competing testimony about the incident without the benefit of actually seeing the recording. I suggest discussing your present options with a lawyer who will actually come to court as needed.

    1. Sponsored Links
       

Similar Threads

  1. Privacy Crimes: Recording a Conversation That the Other Party is Recording but Doesn't Know You Are
    By Ferrari353 in forum Criminal Charges
    Replies: 7
    Last Post: 11-03-2012, 09:50 AM
  2. Disabilities and Accommodation: Disclosing Recording of Violations of Law when Company Policy Prohibits Recording
    By MrMeow in forum Employment and Labor
    Replies: 8
    Last Post: 10-23-2012, 01:42 PM
  3. Privacy Crimes: Recording a Phone Conversation After Consenting to the Other Party's Recording It
    By nikand3 in forum Criminal Charges
    Replies: 1
    Last Post: 08-21-2012, 08:17 AM
  4. Defamation: Recording a Phone Call - Making Recording Public
    By Edgecrush_td in forum Defamation, Slander And Libel
    Replies: 5
    Last Post: 11-20-2011, 08:29 PM
  5. Discovery: How Do I Obtain a Copy of a Recording from a Deputy
    By lee kelley in forum Civil Procedure
    Replies: 4
    Last Post: 03-07-2011, 06:17 PM
 
 
Sponsored Links

Legal Help, Information and Resources