My friend dealing with scary stalker

But is he a world class gambler?

he once hit a 7 teamer in college hoops, so you tell me.

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lmao it is. Simplicitus was off his rocker making all kinds of projections. I made my account on 2+2 in 2005 when I was 16

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Just catching up, had to take a break from this thread because I was pretty upset. Friend is safe as of now and has some people at her house.

Will post more details in a bit

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It’s her ex. She hasn’t given me a reason why the ex parte was denied other than they didn’t really let her present any evidence.

I have no idea why, but I know the cops have been dismissive, likely because it’s another female.

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I appreciate all the advice including simplicitus. I understand being skeptical, I didn’t provide a lot of detail and backstory because I had just been woken up at 3am by a terrified friend.

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This part is almost certainly not true

So should she have been able to submit pictures and videos or messages? She said she just filled out a form .Then I assume talked to the judge or w/e. But she said she wasn’t allowed to submit anything.

If she took them, yes. Video I’m not sure how California’s wiretap law works. Here you can’t submit a video with audio if the other party didn’t consent to be recorded. And messages yes if they’re from the other party. But mostly she really just needs to tell her side of the story to get an ex parte.

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I hope everything works out Stim, having a stalker ain’t no fun… Its probably best she look for a new place even if not a immediate move.

See if you and some friends can help with some cash for a move as it’s for the best and you never feel truly safe until you do. :hugs: GL.

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How would you enter it into evidence in an ex parte? Sounds like she just showed up and filled out a form and made her case in the hearing. Should she have been able to like enter her phone into evidence?

Generally how I’ve seen it done is the judge will just look at your phone, yeah. If you do printouts that’s great.

That works here because our protective order appeals are heard de novo, meaning that the trial is done over again. So if someone appeals the decision from district court to circuit court, it doesn’t matter if there’s not a record of the evidence from the first hearing. That may be different in California, but there’s not really any right to appeal from the ex parte hearing anyway since the defendant gets his/her day in court a week later in the actual PO hearing so I’d be surprised if a judge wouldn’t accept just looking at the phone.

In any case, photos and text messages shouldn’t really be necessary for an ex parte protective order hearing. There is nobody present from the other side. If she presents her uncontradicted testimony that this person was threatening her and showed up at her house at 1 AM then she’s met her burden to get the order issued.

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This is what she said

But they denied the temporary restraining order because they felt a lack of evidence supporting a threat to me etc which is baloney but the way they limit your answers on forms and can’t submit pictures or evidence at the time of application
But I’ll get with you on it because she needs to get served and the case itself is still definitely valid for harassment and threats.

I don’t think the stalker has ever openly threatened to hurt her. Maybe thats why it was denied? And that its another female. She did threatened to kill her date though.

I highly, highly doubt she lied to me but if it seems completely implausible she was denied if what she says is true I do need to consider that.

If you guys think I’m being harsh, you should see how I talk to clients in civil cases. I’m not one of those “everything will go fine” lawyers. I want to know where the bodies are buried so we don’t lose on an SJ motion 9 months into a case. I cross-examine clients early on. I guess I use more tact, but not a ton, and I’ve been paid like $4k for getting the type of order (for workplaces/employers) under discussion. The advice I’ve given here is both free and accurate.

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I’m sure the advice is fine.

Calling this person an idiot for not worrying about losing her job and what she will do without pay shows your privilege and lack of empathy.

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Literally no one here is saying this.

.

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Like I said I do appreciate the advice and no hard feelings. Thanks bud

I’m also pretty skeptical of the discrimination aspect. These judges have seen every shape and size of relationship and every manner of domestic abuse. If this is California doubly so. They’re curt sometimes, sure, but the process is pretty informal insofar as the types of evidence/testimony they’re willing to entertain. It’s likely that your friend was nervous and couldn’t express themselves appropriately.

I mean it’s more so that the person didn’t threaten her. Her boyfriend or whatever would be entitled to a PO since she threatened to kill him.