Obtaining a restraining/harassment order


#1

I am in a legal situation. My problem is I believe my child’s father, his friends and his parents have engaged in longterm stalking of me through private investigators and cyberstalking/computer and cell phone hacking since 2012. I have been unable to obtain a restraining order in Mecklenburg county due to his getting permanent custody of my child in 2016. I believe he is getting help from law enforcement friends, possibly a former acquaintance of mine who is in the secret service out of Atlanta, GA. My cell phone is routed through Charlotte, NC. My home computer is showing I am in Chantilly, VA, Henbron VA, Washington DC and Atlanta, GA. My email is located in Atlanta Ga on Peachtree street. The camera on my cell phone intermittedly turns on by itself and shows recording. I have my email having more than one device set up, which I did not do. I sporatically have my ipad and cell phone showing different accounts. My calendar was created as having a work and home, which I did not do. I remove these things but others just pop up. He (my child’s father) seems to know all my business. Friends of his joke that my tv is spying on me. I hear beeps in my cell phone when I make calls. I don’t know what to do. I have had problems on my job with people stalking me at work who were hired. I know that he is behind this and maybe his friend in the USSS and mother. How do I protect myself and obtain a harassment order or restraining order? Is it possible, there is a order out of Mecklenburg county allowing this stalking from a judge? I live in Raleigh and need help. He taunts me with information he has obtained via text messages but I can’t get a police investigation started due to not enough evidence. Please help.


#2

You will not be able to get a domestic violence protective order (restraining order) unless you can prove by a preponderance of the evidence that your child’s father is behind the stalking (this is a lesser standard than what is required in a criminal case).

The get the evidence you will need for a protective order and a criminal case, you should take your cell phone, computer and other electronics to a digital forensics expert who may be able to determine what is going on with your devices.

It is not possible that there is a court order in Mecklenburg County allowing stalking. Stalking and cyberstalking are crimes in NC.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#3

Thank you for the reply. Is there a resource I can use to locate a reasonable digital forensics expert? I know stalking and cyberstalking is a crime but I didn’t know if it were possible for a judge to have signed off on me being surveilled. The problem is my child’s father texts me with rude and demeaning things related to private things in my life that is none of his business. He also goes around town demeaning me to friends and coworkers. I believe he and the former acquaintance of mine have been behind me having issues on my jobs in the past couple of years.


#4

There are many digital forensics companies. Google “digital forensic expert” and add in your city. Several should come up.

Depending on the evidence that you have, you may or may not have enough for a defamation lawsuit against your child’s father.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#5

Thank you. One last question. What is the NC statute of limitations for bringing 1) a civil defamation lawsuit, 2) charges for cyberstalking, and 3) charges for stalking. My problem isn’t just on the computer. I think, through friends of his in law enforcement, they are using a “community” system against me. I have never been through anything like this. My entire reputation has been ruined. He used to send strange men (some married) to hit on me having told them I was loose and easy. I have tried on at least three (3) occasions to seek a restraining order in NC, Mecklenburg county, and was denied. I was able to seek and obtain one in Maryland in 2014 but was ordered back to NC. This has been going on since I returned to NC initially in 2009/2010 but escalated in 2012-2013. His attorney in 2014 cited a false mental allegation against me in a written form, which helped him obtain joint custody. This has got to stop. Thank you again.


#6

Thank you. I appreciate your advice. I will be in touch.

Cecelia Walton


#7

The statute of limitations for defamation is one year.

The statute of limitations for stalking and cyberstalking are two years.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.