My friend was arrested for aggrevated stalking due to false PTO/TRO that ex-wife placed again him. What should or can he do?HELP

Asked over 1 year ago - Fayetteville, GA

His ex-wife falsely accused him of threats. She filed PTO/TRO on him without his knowledge. They had gotten into an argument about their child due to behavior like hitting/kissing boys, but she's only 3. He was concerned about the behavior, so he confronted his ex. His ex got mad with him because of the argument and went to file a PTO against him. He went to court for the order a few weeks ago, and the judge believed the ex's word over his (no evidence).They took him into custody prepared to lock him up, but judge threw case out due to not having jurisdiction.The judge did take custody of child away from him and gave full custody to ex for a year. I told him to get a lawyer and not sit on this because she can't be trusted. She went to correct county and refiled the PTO, now he's in jail.

Attorney answers (3)

  1. Charles Christopher Flinn

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . If it is an aggravated stalking charge, only a superior court judge will be able to set a bond for your friend. You or his family needs to hire an attorney to pursue bond and then begin defending the case and his defense. Judges and prosecutors take these charges very seriously so it is extremely important to show the court and the district attorney the other side of the case. Frequently, they look at the cases as an order was in place, the person violated it, the person needs to be in jail. It takes work to convince them otherwise. If you have other questions, my number is 404-217-6978.

  2. Noah Howard Pines

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . You were right to tell him to get a lawyer. He needs one immediately.

  3. Allen Rust Knox

    Contributor Level 16

    1

    Lawyer agrees

    Answered . He needs a lawyer. First, if he is in jail, somebody needs to work on his behalf towards getting a bond. Only a lawyer can do this. You cannot practice law. Moreover, there are several recognized defenses to aggravated stalking cases. Most are found in the definition of the crime. Law enforcement officers and magistrates routinely interpret this statute wrong and issue arrest warrants for aggravated stalking in instances that only meet the requirements for a misdemeanor TPO violation. I would be happy to take on this case. I am a former special victims prosecutor from Cobb County. I have prosecuted numerous cases of aggravated stalking. My experience has taught me where to look for viable defenses in these cases. If you would like to discuss my services, call me or have him call me (if he is able).

    Allen R. (Rusty) Knox
    125 TownPark Drive, Suite 300
    Kennesaw, GA 30144
    (678) 334-1399

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,027 answers this week

2,782 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,027 answers this week

2,782 attorneys answering