Legal Question in Criminal Law in Kansas

I am being "petitioned for protection from stalking order". These charges againinst me are totally false. She is just upset with me because I am dating her x husband she is remarried. What recourse do I have or do you suggest that I counter sue for slander or just hope she looses her case and hope she goes away. I do not even know anything about her. I would like to know how she found out my name and address because I am new here in town 3 months. Thank you, Nellie Criqui


Asked on 7/12/10, 3:54 pm

1 Answer from Attorneys

Anthony Smith LawSmith

You should not ignore the Petition. you should defend your good name and try to get the Petition dismissed. Otherwise, undefended accusations may be treated by folks who find out about it in the future, as almost an admission of guilt. This could keep you form getting ajob or business license in the future.

The mre fact that someone seeks a protective order is not in itself slander or libel. However, if within the petition for the protection order, the complainant (boyfriend's ex wife) makes false statements that cast you in a negative light, you may be able to take legal action.

If you get an attorney to represent you in this case, they may be able to find out, who told the complainant that you were dating her ex. Sadly, somtimes that person turns out to be the middle man (your boyfriend) You might ask him if he has ever said anyting to his ex, her family or friends about you. It may be that the complainant is acting out of legitimate fear of you based upon what someone said to her, supposedly on your behalf.

Good luck

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Answered on 7/14/10, 12:05 pm


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