When we left off in Hardin County, Nicole had anticipated the dismissal that happened to Lisa’s temporary IPO and scurried over to Breckinridge County to file an application properly.
Lisa Luthi has been harassing myself and my family continuously since 6/2015. She has publicly documented her every thought and action toward my family including following us to our home and business and contacting neighbors of both our home in Breckinridge Co and our business in hardin county. She has made it public knowledge that she will continue this behavior indefinally. On 1/30/2017 she followed us to court in Hardin Co – followed us as we left. Her goal is to invoke fear and intimidation onto myself and my family. She discusses this on her public FB page named for my family, podcasts and other media venues. I have filed an IPO in Hardin Co and at the respondent’s suggestion I have crossfiled in Breckinridge County to ensure full protection under the law.
Some of this is the same as what she wrote on the other application in Hardin County, but she expanded it a bit. She has Lisa “following” her and Joe to court in Hardin County, which is a little difficult to show since Lisa arrived there before they did. She has Lisa “following” them as they left, even though there is only one exit for the public to use and even though the video Nicole took clearly shows Nicole lying in wait for Lisa.
Lisa is the “respondent” and Lisa never suggested that Nicole “crossfile” in Breck County. Lisa’s attorney filed a motion to dismiss based on the obvious lack of jurisdiction. That’s not a suggestion. In addition, you can’t “crossfile” an IPO. You can’t have two of them. You only get one.
And here’s the page where she names the minor children that Lisa has never laid eyes on that are in severe danger from Lisa’s horrible stalking. Remember in Hardin County there was only one child (the oldest boy still living at home). But by the time she got to Breckinridge County, she decided that two other children were also imperiled. I’m surprised, frankly, that she didn’t list all ten of them.
And here’s the page where it gets interesting.
In the top section, Nicole tells the court what she wants.
The first thing she does is toss in Joe as a person who is in danger from Lisa, because, hell, why not. She is supposed to state his name, date of birth, and tell why he needs protection. She merely says that he’s her spouse.
The second request is to stop Lisa from coming near her home address. Notice that contrary to the Hardin County application, she puts her home address on the top line (reason given: mental and physical abuse), and skips the business address altogether. This might well be due to Nicole’s very mistaken idea that she could somehow have two IPOs on the same person simultaneously. Or maybe she wanted to stress that she actually lives in Breck County.
Her third request is that silly thing about stopping Lisa from “disposing of” or “damaging” her stuff. This is intended to apply to a person whose ex-boyfriend might try to take her stereo or car or something like that. There is no reason that I can see to put it in here, but she did it twice.
And the fourth and final request is this:
No verbal or written contact. No posting of personal and identifying information regarding home, business or immediate family.
In other words, she is asking the court to curtail Lisa’s online activity. Since Lisa has never once initiated contact with Nicole in any way, the first clause is stupid. The second one is basically asking the court to stop Lisa from expressing any opinion about the Naugler situation ever.
But now let’s look at the bottom section. This is where the judge signs the order.
Remember that the judge has three choices when dealing with an IPO application. He can dismiss it on the spot. He can issue a temporary IPO and schedule a hearing within about 14 days. (This is what happened in Hardin County, even though they had no jurisdiction to do anything at all.)
Or he can simply set a hearing date and issue a summons.
That is what the judge did here.
This was nothing more than a court summons. There was no temporary IPO. Nicole went online and said there was, but she was totally wrong. There was not. The one in Hardin County wasn’t valid in the first place and was dismissed. And there never was one in Breckinridge County at all.
See all the stuff filled out? (Nothing)
Only two things checked. First, Lisa was not found by the court to be “stalking” at all, and second, the whole business was dismissed.
And here’s the third page. These three pages show the least amount of filling in one can do and still say you filled out paperwork.
But it took two court hearings to get to this point.
The first was in front of Judge Goff. He had the Breck County application that Nicole had filled in, but knew nothing about her attempt in Hardin County and decided to delay the hearing until Breckinridge County got the paperwork from Hardin County. This is called due diligence and was the correct procedure to follow, even though Hardin County did not have jurisdiction. For one thing, at that point, the case involving Lisa was getting conflated with that involving Eric and Viv. You’ll see that they were totally separated later on.
At any rate, when the case was continued, that meant that they did not appear in front of Judge Goff. Instead, they were assigned to Judge Embry, who happens to be the family court judge. She is apparently the judge who presides over the Naugler CPS ongoing saga.
And we’ll leave it right there for now. Court itself comes next.