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Old 03-21-2008, 05:11 PM     #1
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Default defamation?

So me and an ex girlfriend recently split at her choice. I went on a date with another girl about a month later and she found out. We had still been talking a little here and there.

To make a long story short, I was out having some drinks with buddies, stopped at her place on the way home. She didn't answer the door so I left. Two days later I was served with an order of protection. I didn't try to enter the house, simply knocked twice and left.

Now I come to find out that she is calling people that I work with and telling false stories about me. Sure I could do the same thing to her, but that's not how I am. Now at work I'm getting funny looks and certain people won't even speak to me. Since the order of protection I have not attempted to contact her and actually plan on fighting the OOP in court since I did absolutely nothing harrassing or threatening to her.

When I met her she was dating someone, she claimed he was crazy. She had an OOP put out on him too. This seems like a pattern to me. I don't know what to do, I feel my job is in jeapardy as well as my reputation on court record. I don't want to be made out as some psychopath. I'm one of the most calm and easy going people you'd ever meet.

Is her calling people I work with and telling false stories defamation?
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Old 03-22-2008, 11:28 PM     #2
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Smile Re: defamation?

A similiar situation happened to my brother about a year ago and he tried to contest the RO. But his ex-girlfriend took the stand at the RO hearing and was cross examined by my brothers attorney which made the case worst. As I feel the attorney was to aggressive which triggered her to get so emotional and she actually looked afraid at that point. I feel the hearing made it worst for my brother and at a certain point at the hearing my brother asked his attorney to backoff the cross examination as he felt it was just worthless for him to go any further with contesting the hearing. To save him some dignity they threw in the towel in the middle of the hearing which I believe was a blessing to everyone.

The good news is the RO was only granted for 6 months which wasn't a big deal and saved him some dignity. He was happy that the RO hearing didn't continue for hours and I think being a gentlemen and telling his attorney to stop the hearing during the cross examination made the judge shed some light on the length of time for the RO.

I wouldn't contest the RO as it will just make things worst for you. Especially you entered her property without being invited over and more so you were drinking before you got there, so you don't want to be put on the stand and have her turn around with more egg in your face and say that you're stalking her, as stalking is a criminal charge.

You may not want to hear this but the petitioner usually has the upper hand in a RO case and to me its just a waste of time and money contesting it. The only people that made money in this case was the attornies and the losers were the plaintiff and the respondent as both of them took time off from work and paid there own attorney's fees. So there's no winners.

From what I understand, 85-90% of the RO's are granted. So what's the big deal, its only a RO and its not a criminal charge unless you violate it and if you cooperate with judge they'll make the RO in effect for a short time frame just to keep peace between both of you.

Also if mediation is offered take it and settle it there instead going through the hearing as it will save your sanity and keep the anxiety levels down for everyone involved which is a good thing.

Good luck with your case and don't worry what she's telling your co-workers as you don't want to keep adding fuel to fire. Just let it ride it will get better.
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Old 03-24-2008, 09:27 PM     #3
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Default Re: defamation?

I'm not as worried about the OOP as I am about the work rumors. I work in an office of about 15 people, she knows almost all of them from previously working there. I checked the company call tracker and she has spent a ton of time on the phone with people there. My boss is acting strange towards me as is the office supervisor. I'm seriously worried about losing my job here over this.

As far as entering her property, I did no such thing. She lives in an apartment where the entrance to her actual unit is an outside door. I knocked, when she didn't answer I left. There was no entry, just a simple stop by and leave when there was no answer. Nothing to constitute fear or the need for a court order protecting her.
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