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  1. #1
    Join Date
    Feb 2011
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    Default Can I Sue for False Statements in a Restraining Order

    My question involves defamation in the state of: Nevada

    I had my ex father in law put a temporary restraining order against me contacting him home where my ex-wife and children reside. He said disturbing lies in the restraining order in order to support this intimidation. Since restraining orders are public record, can I sue him for defamation?
    Thanks
    Todd

  2. #2
    Join Date
    Sep 2005
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    California
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    14,514

    Default Re: Can I Sue for False Stements in a Restraining Order

    Quote Quoting tfarino
    View Post
    My question involves defamation in the state of: Nevada

    I had my ex father in law put a temporary restraining order against me contacting him home where my ex-wife and children reside. He said disturbing lies in the restraining order in order to support this intimidation. Since restraining orders are public record, can I sue him for defamation?
    Thanks
    Todd
    And you can prove that what he wrote was a knowing and intentional falsehood? This can be a rather daunting burden. Plus, courts are often reluctant to take any action that might tend to chill people's reasonable actions to seek protection.

    Plus, you will need to articulate damages. How has his application harmed you? can you place a dollar value on it?

    Take your information and consult an attorney before you attempt to take some action that could backfire.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    72,969

    Default Re: Can I Sue for False Stements in a Restraining Order

    Statements made in the context of litigation are ordinarily immune from suit for defamation - if you want to dispute the claims you go to court, present evidence and disprove them.

    If you're actually speaking of a judge's order, the judge is immune from suit even if you disagree with findings of fact included with an order.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Can I Sue for False Stements in a Restraining Order

    To echo the above, nothing said in court or any legal proceeding can serve as a basis for a civil action. There is no private cause of action for perjury. Any media reporting on it also has absolute privilege and can't be held liable. There is simply no way to sue a judge.

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