Liseli Oliva Versus Nicole Tiara Jones C/W Nicole T. Jones, Cams Versus Liseli Oliva Chavez

CourtLouisiana Court of Appeal
DecidedMarch 29, 2023
Docket22-CA-385
StatusUnknown

This text of Liseli Oliva Versus Nicole Tiara Jones C/W Nicole T. Jones, Cams Versus Liseli Oliva Chavez (Liseli Oliva Versus Nicole Tiara Jones C/W Nicole T. Jones, Cams Versus Liseli Oliva Chavez) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Liseli Oliva Versus Nicole Tiara Jones C/W Nicole T. Jones, Cams Versus Liseli Oliva Chavez, (La. Ct. App. 2023).

Opinion

LISELI OLIVA NO. 22-CA-385 C/W 22-CA-386 VERSUS FIFTH CIRCUIT NICOLE TIARA JONES COURT OF APPEAL C/W STATE OF LOUISIANA NICOLE T. JONES, CAMS

VERSUS

LISELI OLIVA CHAVEZ

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 826-677 C/W 826-416, DIVISION "C" HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING

March 29, 2023

SUSAN M. CHEHARDY CHIEF JUDGE

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and Stephen J. Windhorst

AFFIRMED SMC MEJ SJW PLAINTIFF/APPELLEE, LISELI OLIVA In Proper Person

DEFENDANT/APPELLANT, NICOLE TIARA JONES, CAMS In Proper Person CHEHARDY, C.J.

Appellant, Nicole T. Jones Cams (“Jones”), challenges the trial court’s April

13, 2022 judgment, which issued a permanent order of protection from stalking

against her in favor of appellee, Liseli Oliva Chavez (“Oliva”), on grounds that (1)

the order of protection is vague and impinges upon her constitutional right to free

speech protected by the First Amendment to the United States Constitution and

Article I, § 7 of the Louisiana Constitution, and (2) Oliva failed to present evidence

sufficient to show that an order of protection against Jones was warranted. For the

reasons set forth more fully below, finding no abuse of discretion by the trial court

or violation of Jones’ constitutional right to free speech, we affirm the trial court’s

judgment.

PROCEDURAL HISTORY

On March 24, 2022, appellant, Jones, filed a petition for protection pursuant

to La. R.S. 46:2171, et seq., known as the “Protection from Stalking Act.,” against

appellee, Oliva, in the Twenty-Fourth Judicial District Court, Parish of Jefferson,

Case No. 826-416, which was allotted to Judge June B. Darensburg, Division C.

One week later, on March 31, 2022, Oliva filed a similar petition for protection

from stalking against Jones on her own behalf, and on behalf of her minor child,

A.K., and Richard Kelly (“Kelly”), the father of the minor child and then boyfriend

of Oliva. On April 6, 2022, Case No. 826-677, Oliva’s petition for protection, was

transferred to Division C, and was consolidated with Case No. 826, 416, Jones’

petition for protection.

In her petition, Oliva alleged that on January 13, 2021, Jones visited Kelly’s

home and became irate when she realized that Oliva was living there, and from that

date forward, Jones began harassing, stalking and cyberstalking her. The petition

further alleged that Jones not only sent private messages to harass Oliva through

social media and left messages on her social media platforms, Jones also created

22-CA-385 C/W 22-CA-386 1 fake profiles using false photographs and sent messages to her through the fake

accounts. Oliva’s petition alleged that Jones researched Oliva’s personal divorce

records and sent threatening letters to her home. Additionally, Oliva’s petition

alleged that Jones was posting on her own personal blog, public platforms, and

tiktok accounts, personal information concerning Oliva and Kelly’s private

relationship. Lastly, Oliva’s petition alleged that Jones stalked her at Planet

Fitness in Metairie, Louisiana, and at Target, also in Metairie, necessitating police

intervention.

On March 31, 2022, the trial court issued a Uniform Abuse Protection Order

– temporary restraining order, effective through April 13, 2022, prohibiting Jones

from abusing, harassing, assaulting, stalking, following, tracking, monitoring, or

threatening Oliva, her minor child, A.K, and Richard Kelly, in any manner. In

addition, the TRO ordered Jones not to contact Oliva, A.K., or Kelly, personally,

through a third party, or via public posting, by any means, including written,

telephone, or electronic (text, email, messaging, or social media) communication

without the express written permission of the court. Among other things, the TRO

also ordered Jones not to come within 100 yards of Oliva, A.K., or Kelly, or within

100 yards of their residence, apartment complex, or multiple family dwelling. The

TRO further ordered Jones not to contact any family members or acquaintances of

Oliva, A.K., or Kelly, and set an April 13, 2022 hearing date for Jones to show

cause why, among other things, she should not be ordered to “remove her blog and

social media which identifies [Oliva] and [Kelly].”1

1 On March 24, 2022, in response to the petition for protection against stalking filed by Jones against Oliva, the trial court issued a similar Uniform Abuse Protection Order – Temporary Restraining Order prohibiting Oliva from, among other things, stalking, harassing, or threatening Jones in any manner, and that Oliva not come within 100 feet of Jones or her residence. The order also ordered Oliva to stay away from Jones at the Planet Fitness located on Labarre Road in Metairie, Louisiana, and from contacting any family members or acquaintances of Jones.

22-CA-385 C/W 22-CA-386 2 On April 13, 2022, Jones and Oliva appeared before the trial court, both in

proper person, for a contradictory hearing on the respective petitions for protection

from stalking filed by the parties. At the close of the hearing, the trial court

granted both parties’ respective petitions for protection and entered mutual

permanent orders of protection—one in favor of Jones against Oliva, and the other

in favor of Oliva and the minor child, A.K., against Jones—stating:

Both parties shall not reference the other party and/or protected persons in their social media blogs and/or webistes [sic]. All current references shall be removed within 30 days of this judgment.

Prior to signing the respective orders, and having Jones and Oliva each

review and sign the orders, the trial court stated:

All right, Ladies, I’m going to review these very quickly; and then I’m going to give these to you to take a look at and to sign off on. … I’m going to give these to each of you, Ladies, before I spend time signing anything; this one on this side and this one to [Jones] in this side. … If you’ll read through it, if there’s anything we may have missed, anything we have incorrect, take a look at it. And if you’re comfortable with it, there is a page where you sign off. [Emphasis supplied.]

After she reviewed the proposed orders of protection, Jones stated:

Everything looks good. [Emphasis supplied.]

Accordingly, the trial court, Jones, and Oliva each signed the mutual

protective orders.

This appeal filed by Jones, in proper person, followed.2

FACTUAL BACKGROUND

According to Jones, she was in a four-year relationship with Richard Kelly,

and he fraudulently led her to believe that their relationship was monogamous.

The relationship ended contentiously when Jones discovered that Kelly was

2 Oliva did not appeal the protective order granted in favor of Jones against her.

22-CA-385 C/W 22-CA-386 3 simultaneously in an intimate relationship with Oliva, and was the father of Oliva’s

three-year-old child.3

Jones claims that, as a matter of self-help to cope and heal from Kelly’s

devastating betrayal and deception, and with the intention of helping other women

involved in similar situations, she created a public blog, entitled “Intuitively

Challenged.” Jones contends that the “purpose and substance” of the blog was to

share her experiences, not only regarding her involvement with Kelly, but also in

other relationships. She avers that the blog talks about what it feels like to endure

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Liseli Oliva Versus Nicole Tiara Jones C/W Nicole T. Jones, Cams Versus Liseli Oliva Chavez, Counsel Stack Legal Research, https://law.counselstack.com/opinion/liseli-oliva-versus-nicole-tiara-jones-cw-nicole-t-jones-cams-versus-lactapp-2023.