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  1. #1
    Join Date
    Jul 2009
    Location
    Rhode Island
    Posts
    86

    Default Civil Liability for False Restraining Order

    My question involves small claims court in the state of: Massachusetts.

    Is there a civil remedy for holding a person accountable for filing a false affidavit and application for an Abuse Prevention Order (Restraining Order, 209A)? They blatantly lied on the application and said we were dating, when we clearly were never dating. Ever. I have thus been served a restraining order, and have been humiliated.

    If I sue them in small claims court, pro se, what would I sue them for? I have sinced filed a criminal complaint for Perjury under applicable State law and a motion for immediate relief of the Order.

    Thank you!

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Civil Liability for False Restraining Order

    You would have to show some kind of damages for a small claims settlement. The order just prevents you from contacting her (I'm assuming). The embarrassment isnt going to be enough to get monetary compensation. If you lost your job because of it and she is convicted of perjury then you have a better case.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Civil Liability for False Restraining Order

    First, you could not possibly sue in small claims court. Small claims is a court of limited jurisdiction for money disputes.

    Secondly, I could not imagine what you would sue for. There is no private cause of action for perjury. There is no charge you were found not guilty of, to do a malicious prosecution action. Anything else is likely barred by quasi-judicial immunity. Your best bet is to attack the original order with whatever legal means your state allows. In any case, you aren't getting any money out of this.

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