This topic discusses Kat’s restraining order against her ex, Jeff (aka “Subaruman”). The court clerk told me over the phone that there were 43 pages in the file. I received 43 pages. I scanned them as they came in the envelope. Pages 10 and 11 that I presume display Kat’s handwriting are duplicates. A proof of service showing the Protection Order was served on Jeff was not included. Unless it was accidentally omitted by the clerk, I can only presume the order was not served on him. But, as stated above, I was told there were 43 pages in the file and that’s what I received.
I had to request this file via mail since Michigan does not allow protection orders to be searched or ordered electronically. If Phil had never said during the Side Scrollers interview that detractors hadn’t found Kat’s restraining order yet, we likely never would have known due to Michigan statutory privacy laws. Phil challenged us to find something he revealed existed. I also believe he revealed Kat’s restraining order and alleged abuse to shield himself and garner sympathy.
The protective order was granted without a hearing on 6/15/2017 and expired on 6/15/2018. Jeff was not afforded an opportunity to oppose before entry as is Michigan practice. Jeff would have an opportunity to object if he filed an opposition or request to modify or terminate the protective order. Since there’s no proof of service, I can only presume he didn’t have said opportunity because he didn’t know about the protective order.
The text messages on pages 12-43 are between Jeff and Kat’s friend Amber. The text messages on pages 12-23 are presented as they were provided, of low quality and without a date of said messages. But they are presumably from 6/14/2017 since in context, Kat’s declaration said she retrieved her things from the apartment on 6/14/2017 and the texts discuss that Kat was at the apartment retrieving her things. Pages 24-41 are from 6/11/2017 as marked. Pages 42-43 are from 6/12/2017 as marked and discuss lease issues. Jeff denied the allegations he abused Kat in the text messages. He alleged Kat cheated on him several times in said messages. Kat’s own text messages with Jeff are conspicuously absent from her petition.
Jeff’s texts to Amber are testimony since they are the words of a party to the case. Amber’s texts to Jeff are hearsay to the extent they are offered for the truth of the matter asserted. Thus, Amber’s allegation that Jeff hit Kat, for example, is hearsay. There is also no evidence that Amber witnessed any abuse. Phil previously stated that Jeff was almost arrested, but there is no evidence of police contact or an incident/report number included in the petition. Said incident date when the police were allegedly called was 6/8/2017 and the only persons present were Kat and Jeff. (Page 8). They were also the only witnesses to the multiple unwanted sexual touchings Kat alleges on Page 8 on unspecified days.
As for the three allegations on Page 10, I would have included them if I drafted the petition, but would have included more facts. I don’t think they would support a protective order as presented unless they evidenced a broader pattern of behavior or contained more specific facts. I will discuss them now.
The first allegation on 6/14/2017, Kat alleged that Jeff followed her to a parking lot she was waiting in, but he went to work out at a gym at the same location. She said “once Jeff realized I was there” he pulled behind her car for an unspecified period of time and sped off. This is the only allegation that Jeff physically followed her, and she said Jeff didn’t realize she was there. Jeff could have pulled up behind her to confirm Kat was indeed in the car before leaving. If the gym was Jeff’s usual gym he regularly went to and Kat happened to be there, seemingly without his knowledge, it would arguably not be a following. Kat did not allege any other witnesses were present, that Jeff prevented her from leaving, that Jeff never or only rarely worked out at that particular gym, or made direct contact with her. If she had alleged additional specific instances of following, especially in places they both wouldn’t normally frequent, that would have supported her claim more.
The second allegation from May 2017, Kat alleged Jeff, unknown to her, accessed her Twitter account and messaged the person she was talking to, who found it bothersome. This person was presumably Phil. Looking though your partner’s phone can range from a breach of trust to an abusive control measure. Depriving your partner of their telephone, even if they don’t own it and are not on the account, can be considered domestic violence. Depravation can be in the form of withholding/hiding the phone, deactivation, or destroying it. Here, Kat alleges a single incident where Jeff looked specifically at her Twitter and contacted a person she was messaging. She was not aware until after it happened. There is no indication Jeff tried to deprive her of the phone or restrict her access. There is no indication he looked at anything else, but realistically he probably did. Kat did not allege this was a a pattern of behavior or a way to control her. Nor did she connect the alleged incidents of 6/8/2017 and 6/14/2017 to Jeff discovering the Twitter messages. I don’t think this allegation alone would have supported an order, but it may have informed the Judge’s analysis of later alleged incidents since it was the earliest allegation with at least a generalized date.
The third allegation also on 6/14/2017, Kat alleged Jeff harassed her as she was retrieving her things from the apartment they shared. Kat was with an unspecified friend. Jeff drove around and flashed his lightbar in their faces as they were leaving. Drove his car around where? For how long? Was he circling the apartment parking lot? Where was she standing relative Jeff’s car when this occurred? How long was she at the apartment? Was Jeff already waiting outside when she arrived? Was Jeff coming back at a specified time when Kat said she would be done retrieving her things? Was there any communication between them? Was she lingering at the property? Was it day or night? What does “flash” mean? Was the lightbar turned on and off? If so, how many times? Was his vehicle standing still at the time of the flash? Was he moving while the lightbar was already on on and the light swept over her face? Furthermore, Amber’s text messages on pages 12-23, which in context are presumably from 6/14/2017, do not discuss any lightbar flashing or harassing behavior that night. This allegation is very vague and I think would hold very little weight, if any, in supporting the order.
I will not pass judgment on whether Kat’s allegations are true or false. Domestic violence prevention orders require the petitioner prove by a preponderance of the evidence (more likely than not by the smallest margin or 50.1% likely) that the allegations are true. However, as a practical matter, and in my experience handling domestic violence matters, courts tend to be cautious and grant them with something less than a preponderance. All we have are Kat’s allegations and Jeff’s denials.
If her allegations are true, I sympathize with Kat. The allegations of 6/8/2017 are absolutely domestic violence, and would be frightening and traumatic. She alleged being restrained, thrown to the floor, and unlawfully imprisoned when prevented from leaving. Even if she had a history of cheating on Jeff and was talking to Phil behind his back while they were together, violence is never the answer. End the relationship and move on as best you can. If the allegations are false, then her character is as poor as her current husband’s. Such allegations can substantially damage a person’s life and should not be made lightly.
The following pages are of particular note:
Page 10: Kat was talking to someone on Twitter Jeff contacted in May 2017. Most likely Phil, but can’t be certain.
Page 22: Amber told Jeff that Kat was “talking with the Twitch guy,” presumably on 6/14/2017 or early 6/15/2017. “Twitch guy” has to be Phil.
Page 38-39: Jeff was contacted by a Connecticut number telling him to LTG himself. Phil admitted his Connecticut number hasn’t changed.
Page 28: Khet owned a gun. She didn’t mess around with no home defense hatchet.
You can access the entire file that I received through the link below: