Question about Ex With Protective Order

[socrateaser]

>Much thanks. The appellate court ruling was copied verbatim.
>I couldn't find anything overruling it, but I will look again.
>It seems to be a fairly well-entrenched doctrine in GA, but
>then again GA does A LOT of things differently than the rest
>of the courts in the country!
>
>You have raised an interesting point here:
>
>Soc wrote: >>You would need to show that petitioner was not in
>fear of you at the time she filed the complaints. If you have
>objective third party proof that petitioner was in your
>proximity, by her own intention, and not afraid immediately
>after filing the complaints (like within a few hours), and
>especially proof that this lack of fear occurred in between
>the filing of the two complaints, that might do it.
>
>
>In fact, this MIGHT just be provable.
>
>On the day in question of the charge, we had both been
>summoned to appear in court for a hearing; she was requesting
>attorney's fees for an action that she had brought against
>me... and lost. On the day of court, I decided to go ahead and
>offer her HALF of the fees as a gesture of good will. The
>judge entered and said he would give everyone a few minutes to
>try and settle their case. He then left. In open court, I
>approached her, handed to her an envelop containing a check
>and sat back down. There was no note or conversation between
>us, and although a deputy bailiff was present, she did not
>voice a complaint. When court resumed, we both agreed to the
>judge that the issue was settled satisfactoraly, and I left.
>About 30 minutes later, I got a call from her telling me that
>she was willing to discuss visitation for Christmas and that
>she would wait for me at the law library of the courthouse. My
>parents were with me when I received the call. I returned, and
>we quickly worked out a schedule and peacefully parted
>company.
>
>A few days later, the charge came. Shortly after our meeting
>in the law library, she complained that I approached her in
>open court and handed her an envelop, in violation of the
>order. There was no mention of our private meeting or anything
>like that... just the handing of a check in the courtroom. The
>prosecutor was disqusted with the charge when she read it and
>immediately submitted the nolle prosse.
>
>1 - So, on the basis of what you said, is it credible to
>believe that a person who is summoned to appear in court on
>behalf of their own action to collect money was genuinely
>feared for her safety by accepting the very check they wanted
>to collect in the first place? If so, then why turn around a
>half hour later and call the very person that placed them in
>"reasonable fear" back to the courthouse to meet with them
>again in person and in private (where, unlike open court, no
>bailiff was even present)? She didn't even file the charge
>until AFTER the private meeting which she, herself, solicited!
>What do you think. Soc ... a reasonable chance to "prove a
>negative"?

That she wasn't afraid to meet you in the courthouse is not very compelling, because you were both in the courthouse and the likelihood of a violent outburst was at least not as reasonable as in some other location.

I don't think you can make this work. She can allege that when you met with her, she became even more afraid and so filed the second complaint.