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My ex is bringing forth a fake email claiming that I wrote the violent email to him, but I did not and how can I prove that

San Diego, CA |

We have exchanged over 2,000 emails throughout the year and he claims the email was from a year ago. I have deleted my emails before the month of May, and that email is from January (last year obviously), so I have no record of our hundreds of emails prior to May after deleting them back then. What do I do to prove that the email he is using against me after a year for a restraining order is not mine....I'm saying a year because the date is from February of last year and the restraining order against me was filed by him this January. Is it his obligation to prove the email is mine supposedly or mine....if mine then how the hell do I prove that i did not write it! Also, in the most recent email he has brought forward (no violence though) from a few days prior to the filing of his

restraining order against me, I noticed he changed a word on the text to make it violent, and I had the original email where I opened my inbox found that specific email to make sure that the email eh provided was not changed at all.....so I did notice the change of word and this is why I do not even want to comment on that one year old email knowing that he could have altered anything he wanted and there is no record for me to compare it to....plus like I said I do not remember writing that to him at all.

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Attorney answers 6

Posted

contact your divorce attorney and let him know what is going on. Why does he want a restraining order?

Attorney Stacy E. Pepper is licensed in all State and Federal Courts in Mississippi. He is a founding Partner in the law firm of Pepper & Odom, P.C. Nothing posted here constitutes any attorney client relationship and is meant for educational purposes only. Office hours are 8:00 a.m till 5:00 p.m. Monday through Friday. Phone: 601-914-9219 Facsimile: 888-456-2160 www.pepperodom.com

Asker

Posted

because he is trying to get himself out of trouble with the immigration due to the fraud report on him as he married for US residency..he's collecting documentation on me to claim domestic abuse using a 1 year old email as a threat against me.....slept throughout the year, now woke up and decided that he should feel threatened by me. )))

Asker

Posted

P.S. one of the emails (the violent content) email he has brought forward I not only recognize but I no longer have his old emails and as far as I know..i did not write such a thing, though I can't even go back to a year to check and see if perhaps he is using an email from me but has altered some words to make it look violent and threatening from my side....i deleted hundreds of emails of mutual communication we had a year ago, so not sure what to say to the judge when I do not recognize the email and not sure if he simply wrote that himself to use it against me...

Stacy E Pepper

Stacy E Pepper

Posted

Call the attorney that handled you divorce, he needs to know what your ex is up to. If he is posturing up for some type of immigration battle, then you need to work with your attorney to verify that the email is fake. If you have to get you attorney to verify the authenticity of the emails, it will likely cost more money, but may be worth it in the long run.

Stacy E Pepper

Stacy E Pepper

Posted

also, if your ex presents fake evidence into evidence to the Court and you can prove it is false, he can and will likely be facing criminal charges.

Asker

Posted

you know i did hire one with my last money that was left, but the judge transferred the case to my jurisdiction where it all happened as my ex filed it in a jurisdiction which had nothing to do with the event so to speak.i spent money to get to that place where he filed the t.r.o. against me only to have it transferred to my city so it's like I lose my money already that way and can not afford a new lawyer....in terms of the divorce lawyer, I had none because it was a very easy divorce and got it over with just recently. i will have to represent myself in this t.r.o. now for the mentioned reason above regarding the lawyer i hired 7 hours away from me city where i traveled for the initial hearing. i guess all i have to tell the judge is that i do not have such old emails saved (my sent ones to him) from a year ago and I can only comment on the recent emails he has brought forward lying saying that i said i will kill him lol but he has not provided any emails where I said that actually...i am not sure if he's out of his mind or what he is trying to achieve lying while not providing any proof.and the only email is from a year ago which I do not even remember to have written.i will need to tell the judge that he needs his green card which will be taken away from him so he is using an email against me from a year ago to get a restraining order based on a threat...and i thought the t.r.o.'s were based on an immediate threat only..at least going back to 180 days or something..oh and we haven't even seen each other for more than a year, except at that initial hearing but i do not count that...oh and he had written a 2 page garbage about me saying I am extorting money, that i am going to take out a loan for $250,000 and run away to the french riviera :) and not pay back that loan and that i am writing him 4-5 emails everyday telling him that I will kill him and describing in detail as to how I am going to do that lolol....and so on and so on without providing any proof to anything he claims. oh and he says that my dad is going to kill him and his family in their country where they live lol but he has nothing to prove that my dad has ever said that either. when my lawyer read his statement he was like oh boy this guy is going to be fun to deal with in the court. so do I need to press on him in regard to where is all the proof of what he has written because i think that it will show the judge that things he has said are without any back-up.

Asker

Posted

p.s. by the way he could not make it to the transferred hearing later on because he had no money to travel lol and was angry that he did not get what he wanted in his new city where he filed it..so the judge gave him a 2 month continuance for him to earn some money to get here......not sure if he will come or not in 2 months...if h doe snot then i guess the judge will not allow any continuances to him if he couldn't keep his word about coming to the court after 2 months.

Asker

Posted

p.s. i read that even if he collects documentation to claim domestic violence, he still needs to prove that he entered our marriage in good faith which he can not do so at the end of the day this d.v. restraining order will be useless for him in his pursuit..but he is too narrow minded to understand it all i guess. perhaps if he was so dying to get a rest order on me he should have busted his behind to get to my city for at least a day to get this over with, but the fact that he did not shows that he is not threatened and was doing this for another reason.

Asker

Posted

Thanks.....i just saw above your comment (the last one). I do not even know how to prove that then...like i said everything has been deleted by him and to him up until end of march..this is when I stopped deleting his emails and me emails to him as well. i a not sure how to prove that i did not write it.

Asker

Posted

sorry for the typos as I am in bed and half asleep :)

Asker

Posted

well actually i had a though....do I have the right to request evidence of the garbage he has written about me and my family in full scale...meaning can I demand in court where is all the proof even about how I am supposedly extorting money and how exactly that is related to a supposed a threat to him.basically what I would want to show the judge is that 1) he is lying about the email; 2) trying to also make me look like a criminal to supposedly claim how horrible she is indeed...lol I would assume the judge would understand that since he is writing things about me in such a negative context more than he is bringing forth anything to back up his claims then he's trying to dramatize the situation to his advantage by making me look very negative in all aspects. Btw..i have an email from him saying that he will kill me and shoot me but if I bring those forward, he will say h did not write them just like me...so this is what worries me.

Stacy E Pepper

Stacy E Pepper

Posted

contact your email provider and see if they have archives of old emails (this will be unlikely and hard to do and take some time if they do) Without spending a bunch of money for a forensic expert, it is goig to be hard to prove the email has is fake, but it will be equally hard for him to prove it is real (unaltered) . In which case it will be your word against his. Also, if you did not have an attorney before, check around your area and see if there is a pro bono legal clinic in your state that may can help you so you dont have to spend on attorney fees. You need to show the judge that you have never been if trouble, never threatened anyone in the past, and there is no reason for anyone to believe you are a treat to harm him (or anyone else). The judge sees this type fo thing all the time, but they don't know either of you and that is were your family and friends can testify or make affidavits to state that you are no harm to anyone. Since I am not licensed in CA, I want you to seek the legal advise of a local attorney there, and take my advise as general information. I wish you the best of luck, and I hope it works out good for you.

Asker

Posted

thanks so much :) I will try that route for sure..have a great rest of the week! :) I think just him not having proof and me bringing up his immigration issue, the judge would see why all of a sudden when we haven't even seen each other he is trying to hit me with a d.v. case.

Posted

His burden to prove it is authentic and he will have a hard time doing so when you show the email that you do have has been altered. Consult an attorney to review the emails for advice. It will likely be worth your time.

Call for a free consultation at 727-937-1400 or visit us on the Web at www.serviceandjustice.com.

Posted

Can't understand from your question if the restraining order is the result of a civil action or a domestic relations matter etc. You need to meet with a local civil attorney to review this matter for you & be able to advise you properly before any possible violation of the restraining order might happen. Good luck.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

Contact the lawyer who did your divorce for counsel in how,to handle this.

Posted

Contact your divorce lawyer to resolve.

Posted

San Diego County offers a free advisory program for people who represent themselves in restraining order hearings. You need to respond in writing before your hearing. You should consult with an attorney, as your rights and liberties are at issue.

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