What can I do if my ex girlfriend files a false police report for stalking her.
Nashville, TN |
After dating for 8 months we broke up. I ran into her twice at the school gym where we both go and 4 times at the cafeteria at lunch time. She used those events to file a police report for stalking her. What can I do?
It sounds like you and your former girlfriend attend the same college or university. Depending on which institution you attend, I suspect that it is not unusual for two students to be at the gym or dining hall at the same time.
Unfortunately, the stalking statute is extraordinarily broad and vague. Under the law, a person is guilty of stalking if he or she harasses another person. What is harassment? A person engages in harassment if he or she repeatedly and continually engages in in consented contact with another person. What is in consented contact? A person engages in unconsented contact if he or she approaches another person or appears in another person's sight.
The statute is dangerous. Nevertheless your defense is clear: you were simply working out at the one gym on campus, and eating lunch at the most convenient dining hall.
You need an attorney to present this defense effectively.
The bestb thing you can do if you have been charged is employ a defense counsel that can help you put together a strong case and discredit the allegations of your ex. Also, stay away from this girl. Continued contact will only give credability to her allegation.
3) Consult with a Nashville lawyer about the possibility of filing for a restraining order or preparing for the one that she might file against you.
4) Stay away from her (no contact, not directly, indirectly, through an intermediary - not through friend, a colleague, or even a carrier pigeon - nor in person, over the phone, nor by the mail - snail, e or otherwise - not on a pane, not in a train.... need I continue?)
Right, wrong or indifferent she struck first and you are now on defense. Only after a thorough consultation with an experienced attorney will you determine whether or not your best defense involves a good offense.
Either way good luck (and stay away from her).
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)