Court Ordered Ex-Wife to Stop Publicly Disclosing Her Ex-Husband’s Alleged Past Misdeed
From an Arizona Court of Appeals decision Tuesday in Wineberg v. Buonsante, written by Judge Lacey Stover Gard and joined by Chief Judge Christopher Staring and Peter Eckerstrom:
In January 2024, Wineberg filed a petition for an order of protection under § 13-3602. He alleged that [his ex-wife] Buonsante had engaged in the following acts:
She has been stalking my community. She has delivered my personal information to people in my community even though being told she has no reason to be around my home. She has been seen on my porch looking through my front window. [S]he has blasted me all over social media. [S]he has harassed my friends and family. This has been going on since June 2023.
The superior court conducted an ex parte hearing, at which Wineberg explained that Buonsante had shown his neighbors a published article containing negative information about him. Wineberg stated that he had not had any communication with Buonsante, but that she had told others that she was “trying to destroy” him. He accused her of seeking to prove that he was a “predator of women.”
The superior court determined that Buonsante had “committed the offense of harassment” and granted the order of protection. Based on Wineberg’s allegation that Buonsante had disparaged him in videos on a social-media platform, the court included in the protective order a directive that Buonsante “shall not post messages about [Wineberg] on the internet or on social media.” It also ordered Buonsante not to possess any firearms for the order’s duration and to surrender her existing firearms to law enforcement.
At a later hearing, “Buonsante offered to leave the order in place in exchange for removing the restriction on her right to possess firearms,” but “Wineberg maintained that the firearms restriction was necessary because Buonsante posed a credible threat of violence to him.” More allegations came out at the hearing:
Wineberg thereafter testified that Buonsante had circulated a disparaging note about him within his retirement community and had sent similar letters to his friends and family members. He produced text messages between his current girlfriend and Buonsante, in which Buonsante indicated that she had visited Wineberg’s residence and had seen his couches through the open blinds. Based on these messages, Wineberg deduced that Buonsante had trespassed on his front porch; he explained that his home is elevated above street-level, and Buonsante could not have seen through the windo
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