Jacob Fabry vs. Sheila Powers (Hamilton County, Tennessee) Prior Restraint Order

I have been made aware of the wrongful prior restraint order by Jacob Fabry against Sheila Powers.

https://www.scribd.com/doc/312324151/Jacob-Fabry-v-Powers-Overreaching-Prior-Restraint-Order

The offending and wrongful portion of the order is handwritten on Page 4 where it states:

Respondent shall refrain from contacting Petitioner, his family, his girlfriend, or his employer, directly or indirectly, from stalking harassing, threatening, texting, emailing, posting on the Internet or any social media platform anything ABOUT, referring to in any way referencing the Petitioner, his family, his girlfriend, or his employer.

The BOLDED portions which I emphasized is overreaching. The court cannot legally forbid Sheila from talking ABOUT anyone. The court (only with good cause) can forbid Sheila from contacting, stalking, harassing, physically threatening, or communicating with Jacob and perhaps his family members. However, that should not extend to his employer nor his girlfriend. If the employer or girlfriend does not wish to communicate with Sheila, that is their issue and right to complain about but it is not Jacob's right to forbid Sheila from communicating or informing any non-family member (such as myself). Sheila has the right to freely and factually discuss publicly her side of the story on any communication platform (provided she doesn't violate those platforms' rules).

I would like to also point out that people are allowed to "threaten" to report or share factually-correct information and opinions even if it might be embarrassing or might damage reputation. Sheila or any citizen generally are not allowed to physically threaten anyone unless it is extreme circumstances. It is permissible to "threaten" legal action or the sharing of factually-correct information and opinions even if it is embarrassing or injures Jacob's reputation. I am not encouraging Sheila to do any of this (because it is a personal choice) but I am stating that she has the LEGAL RIGHT to do so.

What is peculiar about this case is that Jacob Fabry, alleged baseball player, has managed to secure a Tennessee restraining order in Hamilton County against Sheila Powers, a Colorado resident. She was unfairly penalized for not being able to travel from Colorado to Tennessee.

There should NEVER have been a 1-year order issued against Sheila given that she is NOT a Tennessee resident. And it was inappropriate for her to outright lose out of "default" for inability to appear. A restraining order should only be issued based on the credible facts of the case, not simply because she wasn't able to show up.

I believe Sheila has retained lawyer to fight this wrongful restraining order. However, I do not know the current status. While I am not certain, it seems quite unlikely that anyone in Colorado would actually prosecute or enforce that wrongful order if Sheila spoke about her case and that restraining order. Any prosecutor or police agency would certainly be mocked for not understanding her 1st Amendment rights.

Comments

  • Sheila is yet another victim of an abusive judge violating her constitutional rights at the request of a gutless bully. This case is ridiculous and in the end Ms Powers will get justice. Fabry should be ashamed of this monstrosity. It's a shame that victims of this unwarranted behavior have to spend a fortune on attorney's fees to right these wrongs.
  • edited May 2016
    Jacob appears to be a baseball jock who gets around leaving a trail of unhappy women and trying to squash them from speaking out with wrongful legal threats. That is a very interesting way to operate.

    Jacob needs to learn he can't legally stop people from talking ABOUT him. All he has done is made things worse. He is looking to trigger the Streisand Effect upon himself with his antics.
  • Oh, I won't stay silent on this matter at all Matt!! Everything about this is wrong!! The court is in place to protect those who can't protect themselves. It failed miserably.

    What is insane is that I had not talked TO Jacob since the middle of December 2014 with the exception of responding to a hostile email he sent me in January 2015. I did contact his dad after another woman came forward in August 2015, stating that as a parent I would want someone to contact me if my child was creating this much harm to others. I also found out that another ex had contacted his mother regarding the same issues years earlier.

    However, it's the blatant negligence that Judge Williams demonstrated by not allowing me to appear by phone when I requested it, not allow my affidavit, along with not giving any consideration that if I couldn't afford a plane ticket to Tennessee to appear, then how was I an immediate threat to him. I had sought restraining orders against Jacob during the previous year but was told by my counsel here in Colorado, where Jacob used to work, that no judge would ever approve an order across state lines because of jurisdiction which states that both parties have to be under the jurisdiction of the court being petitioned. The sheriff who served me both the temporary and the one year order couldn't believe that any judge would sign such an obviously malicious order and it wasn't worth the paper it was written on.

    Also, I was not the only ex-girlfriend stated in the order. The other one is 5'2" and lives in TN. She was able to appear so she was not penalized as I was. Also, two other women, another ex-girlfriend and a woman he had an online relationship with, appeared to testify on our behalf, one driving six hours from another state. His attorney admitted to being aware of his clients actions and intimidated the other named woman to settle in a back door deal so as not to allow the hundreds of pages of evidence that we had into the court for public record. She was not represented by counsel, because of finances, and agreed to his attorney's suggestions.

    As Jacob stated to me in his email nine months before he petitioned the court for a restraining order, "Do not try to defend yours or S-----'s words behind First Amendment Rights...the freedom of speech was put into place to prevent false imprisonment when a citizen chose to publicly speak out against our government. Freedom of Speech is not a license to protect untruths or a banner to hide your personal crusades behind. Our legal system also protects its citizens from gross untruths and personal attacks, verbal and written and allows us to seek actions against those that would libel and slander us. Be advised that with personal freedom also comes responsibility and consequences."

    He was right about something.




  • edited May 2016
    He is not entirely correct nor does he appear to be fully informed.

    "...the freedom of speech was put into place to prevent false imprisonment when a citizen chose to publicly speak out against our government.

    That is only partially true. Wikipedia does a pretty good job explaining the exceptions of free speech.

    https://en.wikipedia.org/wiki/Freedom_of_speech_in_the_United_States

    The major exceptions are: child porn, fighting words, true threats, and inciting lawless actions. Most people don't generally run up against those exceptions talking about an ex.


    Freedom of Speech is not a license to protect untruths or a banner to hide your personal crusades behind.

    He is wrong regarding freedom of speech and "personal crusades". If someone wants to devote their lives to talking ABOUT a people, hobbies, animals, or whatever, it is well within bounds provided you stay within bounds of facts and personal opinions.


    Our legal system also protects its citizens from gross untruths and personal attacks, verbal and written and allows us to seek actions against those that would libel and slander us.

    No, the legal system in itself does NOT "protect" citizens. The legal system allows for various remedies if you feel wronged and are inclined to use them. And he would be well-served to look up the legal definitions of libel and slander. Calling someone an "asshole", "loser", "cheater", "abuser", "womanizer", and other general name-calling does not qualify. However, calling someone a "child molester" or "rapist" could be defamatory if one doesn't have some facts to back up those types of assertions.

    Be advised that with personal freedom also comes responsibility and consequences.

    Consequences goes BOTH ways. Some think that suing someone because of embarrassing information is a good thing. Sometimes all it does is make a bad situation worse and triggers the Streisand Effect which MAGNIFIES and further PUBLICIZES the very thing some want to keep secret. Also, lawsuits can run BOTH ways simultaneously.
  • You are so right Matt, Jacob Fabry is so uniformed that he is showing his ignorance to everyone who reads their story. Clearly the guy doesn't know the definition of defamation. Poor Fabry doesn't like the fact that he has harmed so many women that they have decided to speak about it. With social media being what it is his dirty deeds are exposed to large numbers of people. If he doesn't want people to know what he does then he shouldn't do it. To sue people to shut them up doesn't work when they are simply telling what has happened to them. Too bad these abusers don't understand that the Streisand Effect will cause way more people to learn about their bad behavior than otherwise would have.
  • Much love an support to you, Sheila. Praying for you and your situation always! ❤️
  • edited June 2016
    Thank you Pepper. And to your situation as well. There are just too many of us, for the system and powers that be that have instigated this blatant judicial negligence, to be ignored. Things WILL change. They HAVE to change. What a disgrace to our founding fathers agendas. We have gone backwards, not forwards as far as civil and constitutional rights and equalities.

    Absolutely, Matt!! You are accurate on every single point. Consequences DO go both ways and I will make sure to do every single thing in my power to make known what TN Judge Marie Williams, TN attorney Clancy Covert ,who is a deacon at the same church as Fabry's father is, and Jacob, criminally misused and manipulated a system for their own personal agendas.

    Blake, just as your ex-husband is trying to silence you through legal abuse to not expose his secret double life, Jacob Fabry is doing the same. Bottom line, if you don't want anyone to know about it, don't do it. But to turn around and blame the innocent person of the things that THEY are doing, and then to drag them through thousands of dollars in legal fees, is nothing short of a crime. A major crime. The judges need to be removed from their benches and their attorneys disbarred just as a doctor is stripped of his license when he does intentional harm to his patients. No one should be above the law. No one should have impunity for their actions.

  • I said this is in Blake Taylor's discussion about her case and it applies here as well:

    There are two fundamental issues here, Freedom of Speech and Abuse of Process. Blake's case, besides being a nasty, dirty divorce as well as mine being a nasty relationship break up, is a point on example of both, where one party uses and manipulates laws for their own agenda, usually the party with money to hire the high priced attorneys. This leaves the party who is already living on a frugal, shoe string budget very little leverage to battle with. These people resort to our inherent right to speak out about injustices. However, the person with the financial advantage drags the person speaking out into court trying to silence them for fear of exposure and to break them financially into submission of their will. It's a violation of not only our civil rights but of our ethical and moral responsibility to justice.

    The lack of substantial consequences is the major contributor to manipulation of the system be it by a plaintiff, attorney or judge. Judges are immune for their actions which results in a God complex for those who choose to abuse their position. An attorney who is well aware that their plaintiff is lying yet proceeds with filing an order is guilty of Attorney Misconduct under the ethical provisions, however, to sue an attorney for misconduct requires the person to hire an attorney which takes a substantial amount of money that the plaintiff rarely has. The Plaintiff that initiates the petition under the pretense of manipulating the system to their benefit is guilty of Abuse of Process and the Plaintiff who purposely lies to get a petition is guilty of Perjury.

    Justice is a misnomer as it has nothing to do with justice, it has to do with law. The law is clear. Our Constitution states that our inherent right is Freedom of Speech. Our Constitution very clearly states that we are entitled to representation in a court of law IF the case is criminal or juvenile. Those of us who end up in a Civil or Family Court and lack the financial ability to secure representation are literally screwed and that is where our Freedom of Speech is absolutely critical. We rely on this inherent right that we were born into to be able to speak out against " a society of profoundly unequal resources, adversarial criminal justice, and ignorance of complex law, justice can only prevail if the state provides an indigent defendant with an attorney." as so eloquently stated by the Supreme Court in Gideon v Wainright in 1963.

    Implementing legal and severe consequences for intentional misuse of our system will be the catalyst for its diversion. Manipulation of justice for a self-serving agenda under the influence of money, power, or personal connections is ethically and morally wrong and should be punished accordingly, including judges, for the greater good of the whole. Until this happens, the general majority is playing on a biased playing field tilted to the Plaintiff's favor. Our First Amendment is our ONLY defense against this hypocritical system. We are a voice. The courts are ours. The judges are our public servants and need to protect the oath they were sworn to uphold without prejudice.
  • You bring up a lot of good points. That is why I am big proponent of education and learning how to tap into the power of publicity, community, exposure, and other non-traditional methods of fighting back. I have used many tools to fight back when necessary. I have learned how to defend myself in court and I know the basics of filing legal paperwork for myself.

    I use lawyers as the very last resort, and very strategically. Learning how to argue your case and some basic legal background gives you more leverage and makes you a more effective client.

    Courts, in general, are fraught with uncertainty even for those who have financial resources. There are unintended consequences for those that try to legally bully others. They may win in the short term but can pay a high price down the road.

    The power of free speech, publicity, and SEO access to the world is at the very core of why this forum exists.

    This forum is all about protecting the little guy's right to complain and speak out freely. As time passes, everyone who reads this forum will see all the wrongful cases from throughout the U.S. trying to stifle a person's First Amendment rights.

    I can promise you that you don't have to be a lawyer to preserve your rights. But people do have to get educated.
  • edited September 2016
    So it looks like it's that time of year again. We received certified Motions For Contempt and Motion To Extend Order of Protection of the illegal order entered by the TN court. His attorney, Clancy Covert, stating that we continually violate the order and "do so at all hours of the day, including her own work hours." And, the cover letter Covert states "after speaking to your employer...". He then set the court hearing for Monday, once again notifying us three days before, illegal per TN Law which allows not less than five days after the court receives proof of receipt of service.

    Matthew, will you give me more information regarding a SLAPP suit please. I'm so done with these bullies. He has no right to contact an employer. Also, isn't it lawyer misconduct to use his position to intimidate and cyber-stalk our social media accounts where he, his client, and their circle have all been blocked as they are either using fake accounts or triangulating others to access the accounts? I want this guy disbarred.
  • edited December 2016
    This is my blog website link that I will be adding more details and information to as this process continues. There are several of us coming together to uniform into one entity specifically to address Tennessee's judicial issues at the highest levels in the court system through their state legislature. Follow me here.....
    http://sweetsurrender922.blogspot.com/
  • SweetSurrender,

    There is a woman I have been in touch with a couple years back who has been successful in some of her battles. She is also in Tennessee. Her name is Betty Krachey and also a blogger now. She has posted documents on her case and tells her story there. You can find her at: https://falseaccusers.wordpress.com/tag/betty-krachey/. She might be a good contact for you.
  • sweetsurrender, I am so glad to hear that you have found a group of people to address this abuse of process in your state. I am sad to hear that you are being abused again with more bullshit filings. We have to fight back and stop this. Matt you are correct, Betty Krachey is amazing. Together we must keep fighting for change.
  • edited January 5
    @Blake @BlakeTaylor Betty is AMAZING, we've been uniting forces, and sources, implementing a plan of action with all of these cases, into a set of statistics. Betty has already established her website https://falseaccusers.wordpress.com/tag/betty-krachey/ along with her Facebook account with the same name, which is also hooked to our Exposed FB page https://facebook.com/xposelegalabuse/that we set up so that people all across the nation are able to contact us with their case numbers and stories in regards to the pandemic legal abuse. Bringing our powers and efforts together, like Matthew is doing here on Defiantly, is the only we will change legislation regarding how Restraining Orders, Orders of Protection, misconduct of attorneys and judges along with the plaintiff's consequences for false allegations.
    With that being said, our attorneys are phenomenal!!! Thank you for referring Christopher!! He has aligned with a firm in TN as well as a few others, and we are beyond impressed with their integrity, their devotion, their knowledge, and the due diligence done in their research! If anyone needs a referral, I will happily give them our contacts and recommendations.
  • I was remiss in forgetting to mention Christopher Hopkins from West Palm Beach. One of the best attorneys that I have ever had the pleasure of working with. I'm going to post your FB address on my twitter page and my website. God bless you all for giving hope to people that are being abused by others and this corrupt system.
  • I don't know Betty very well but she appears to be very tenacious from what I recall. She seems to be well connected to a wide variety of victims.
    Blake said:

    sweetsurrender, I am so glad to hear that you have found a group of people to address this abuse of process in your state. I am sad to hear that you are being abused again with more bullshit filings. We have to fight back and stop this. Matt you are correct, Betty Krachey is amazing. Together we must keep fighting for change.

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