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  1. #1
    Join Date
    Aug 2007
    Posts
    8

    Question How to Stop Frivolous TPOs/CPOs Used for Harassment

    My question involves restraining orders in the State of Ohio.

    Short Backstory: The situation involves my brother and his ex-wife. The ex-wife lost custody of my niece for a variety of reasons, but mostly because her new husband physically abused my niece (while the ex-wife and he were on a drug binge). Nearly two years have passed since then, during which time she has fallen nearly $5000 in arrears on court-ordered child support. She is currently facing jail time for Contempt of Court for failing to pay that child support, too.

    The Problem: As the custody/child support case has turned ever more against her (she's very close to angering the Judge so much that he may cut off even the bi-monthly supervised visitation she is currently allowed), she has retaliated by using CPOs as weapons to harass my brother.

    She fabricates an event—such as an assault or a threatening phone call—and uses that to get a Temporary Protection Order. Then once she has it, and before there has been any hearing over it, she immediately fabricates another event to claim he has violated it. Her goal is presumably to get him thrown in jail, and possibly also to lend weight to her floundering (and failing) attempts to regain custody of my niece.

    Please note that in EVERY case so far, my brother has (fortunately) had witnesses and alibis to disprove her allegations. For example, on one occasion a pharmacy security camera showed him picking up a prescription at the very same moment that he was supposedly attacking his ex-wife, twenty miles away.

    So the Protection Orders are invariably thrown out, but it sometimes takes weeks or even months to get them thrown out; and in the meantime, he still gets dragged off to jail every time she fabricates a "violation," and he still has to spend money on a lawyer to defend himself against this nonsense. And to make matters worse, the psycho ex-wife appeals every dismissal to drag the whole thing out as long as possible.

    To date, she has done this FOUR times. It's the same pattern, every time: She fabricates an event and obtains a PO, then she fabricates another event and claims violation of the PO, and then she appeals the inevitable dismissals—and occasionally, she appeals the dismissal of the appeal, too.

    She spends so much time pulling this nonsense that the people in the courthouse know her by name—and they roll their eyes with disgust at the mention of her too, and they have indicated that they KNOW she's only using the system to harass my brother, but they can't do anything to stop her from filing the papers.

    Lately, she has even expanded her harassment to include other family members: In addition to her latest false allegations against my brother, she has also filed for a PO against our sister and myself—and the primary cause listed on that complaint is that we were talking about her on my sister's blog. Evidently even she knows that's not grounds for a PO, because she followed that with some fabricated nonsense about us following her or watching her, or something—but it shows what kind of childish, delusional psycho we're dealing with that "taunting and name-calling on the Enternet" (sic) really IS listed on that complaint.

    Frankly, I don't understand why she is permitted to keep doing this.

    One Complication(?): The custody/child support case is in Greene County. The psycho ex-wife lives in Montgomery County though, and that's where she files all her false allegations of stalking and harassment to get Protection Orders.

    So, my Question: What can be done to stop this?

  2. #2
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: In Ohio: How to Stop Frivolous TPOs/CPOs Used for Harassment

    Does she have an order of protections against her? Does the judge in the custody matter have knowledge of these allegations?
    When she filed the one complaint where he was proven to be 20 miles away, did anyone talk to the prosecutor about a false report?

  3. #3
    Join Date
    Aug 2007
    Posts
    8

    Exclamation Re: In Ohio: How to Stop Frivolous TPOs/CPOs Used for Harassment

    Quote Quoting gigirle
    View Post
    Does she have an order of protections against her?
    There are no Protection Orders against her that we know of. We would all be delighted to GET such orders against her, but we don't know whether what she's been doing to all of us is sufficient cause for them.

    Quote Quoting gigirle
    View Post
    Does the judge in the custody matter have knowledge of these allegations?
    The Judge in the custody matter IS aware of her continual harassment, which is part of why he is so thoroughly sick of her. Every time my brother goes to court over that issue again, his ex-wife tries to bring up her latest round of false accusations and bogus POs—and the Judge has repeatedly told her that those accusations would be irrelevant to the custody issue even if he did believe them, and he doesn't anyway.

    That Judge found her to be in Contempt of Court for refusing to pay any child support, and he even sentenced her to 30 days in jail for it (to be served on the weekends, generously allowing her the opportunity to get a job and start paying the child support). It was in retaliation for that loss in the Greene County Court—immediately afterward—that she filed her latest false accusations against my brother in Montgomery County.

    The only reason she isn't in jail right now is that he granted her a stay of sentence to allow her an opportunity to appeal it. The appeal she filed is a pile of rubbish that completely ignores the issue—it doesn't challenge or even address the charge of Contempt, instead whining about how "unfair" the whole situation is, making reference (again!) to her latest false accusations and bogus PO in Montgomery County, and absurdly demanding that the court order my brother to pay for her to obtain a lawyer.

    I'm quite sure that appeal will be thrown out, but it hasn't been yet.

    Quote Quoting gigirle
    View Post
    When she filed the one complaint where he was proven to be 20 miles away, did anyone talk to the prosecutor about a false report?
    No. The psycho ex-wife explained it by spontaneously changing her story, claiming that she might have misremembered the exact time of the "attack." My brother's lawyer was satisfied with simply getting the nonsense thrown out, and did not pursue it. She (the lawyer) said that it wouldn't be worth the trouble, because it would be too hard to prove the psycho knowingly lied.

    Besides, my brother can barely afford the lawyer in the first place. Assigning her extra tasks would cost even more. By contrast, the psycho ex-wife claims she is "indigent," and she does all this garbage pro se.

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