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Vexatious litigant has failed nearly 400 times (actually 367) to charge me with peace order violation. He's trying new tactic.
Anonymous3 views3 answers
After having 367 charges dismissed by the State's Attorney, it would seem my litigious harasser has decided to go another route to get me in jail for what he considers a peace order violation. Rather than try for a charge under Maryland CJ 3-1508 like he did the other times, this time he's filed a contempt of court petition. The judge has called for a contempt hearing. Lack of merit aside, the notice I received was marked "Civil". I assume this to mean this is not criminal contempt, but civil contempt. It can't be compensatory, I don't owe money. So it must be coercive. But the only way to purge the contempt would be to go back in time and not post a link to his blog. I'm filing a motion asking judge to cancel hearing and insist litigant try for criminal charge. Am I on solid ground here?
Mr Oakley has the way forward, big picture; Mr Brinkmeier the near-term action. Do 'em both, but after '367' previous filings/charges and yoursuggestion that you posted on his blog after all those filings', seems like some facts must be missing.....
With this history, it is past time to petition the court to have this person declared a "vexatious litigant" and banned from filing any further proceedings, civil or criminal, without first obtaining in advance a court order from the administrative judge allowing him to do so after establishing that his action is meritorious and not filed for frivolous or harassing purposes. There is recent case law regarding the court's inherent powers to declare certain litigants as vexatious. You may also pursue an injunction or peace order, and possibly other civil claims for abuse of process and malicious prosecution, for which you can request civil damages and attorney's fees. If he violates a court order, then he would be subject to contempt. You may have to spend some money on a lawyer to put a stop to his harassing filings, but it may buy you peace going forward.
