To 法居士: SeveralpointsToClarify
First of all, if you don’t believe the story, just ignore it. It’s not necessary to use personal insult and attack to show you are superior, smart to others while you are not, esp. as a man, it is a shame for you to do this. The reason for you to be so emotional here today is:
1: you are a famous professional in this forum and how can anybody challenge your knowledge about law? You know everything, and whatever others said which is not same as yours must be wrong.
2: you are friend of that 第三者. 第三者 is the webmaster here and you know clearly what you are doing.
Let me tell you about truth.
During the past two years, my friend did issue restraining order to第三者, and even to her hu*****and (sorry, no details), and in the court they promised they would not harass my friend forever. However, that 第三者 did this again in the legal way right after my friend separated. Everybody takes it for granted that how someone can sue another so freely if they want? Before she experienced those cases, she also thought so. However, it is not the case. The truth is: if you want to sue anybody (small case), go to the court, and file the case and the defendant has to go to the court to prove the innocence. However, before the case is over, nobody will be arrested if there is no serious crime like killing, robbing, etc. involved in it.
In this case, that第三者 just went to the court and filed the case. As for the criminal charge, usually they are very cautious to take the case without proofs. However, that 第三者 exaggerated her story a lot to convince how she was hurt. As far as my friend knew, 第三者 went to several state attorneys to file the case and she was refused. She didn’t give up and went to the next one. The last one accepted the case and filed the charge documents to my friend. Then my friend went to the court several times (because the court time was delayed again and again since the state attorney can’t find any evidence and that第三者 was still convincing she had evidence). Finally after several months investigation (they checked the tape record of phone in that第三者’s company and they even checked my friends’ several months’ cell phone bill and my friend was harassed so much), they still can’t find any proofs. On the last court date, even before the trial, the court announced that this case should be dropped. Another reason for them to drop the case is: the hu*****and of my friend filed a letter to the judge and the state attorney and told every detail information in the past two years and how that第三者 hurt and harassed my friend. Finally the court gave my friend fairness to drop the case without trial, prosecution and record.
In the whole process, there is no police, no arrest involved at all. The legal procedure is: if the defendant can’t prove he/she is innocent, he/she may(or may not, still depends) be arrested. However, before the trial and investigation, how can they arrest somebody before they prove he/she is innocent????
法居士, you did provide some legal help for others here before. However, if your knowledge is very limited, you should admit it and learn more. Don’t insult and attack others if your knowledge is challenged.
Truth is truth. Nobody can’ t change it.