Perjured Restraining Order Affidavit

[AlofASmith]

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Could anyone help me by listing what law or court precedent would allow a perjured restraining order affidavit, that is later retracted or proved to be a false testimony, make them unusable in a libel-defamation case.

I have this situation myself and my ex really did a job me on what she signed. My difficulty is tht I have found few lawyers that advertise for a libel cases.

Also does anyone know of which states allow a restraining order to be totally expunged/destroyed/erased from their systems.
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Typically, statements made in documents filed with a court cannot form a basis for a defamation action. You may wish to check to see if your state does not follow that general rule, or makes an exception for cases such as this.
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Can anyone help me on this last comment - see my question above.
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However, if those same statements were repeated to people outside of the courtroom setting, those acts (and perhaps the act of filing a frivolous application for a restraining order) may support an action for defamation or for some other tort, such as intentional infliction of emotional distress.

You might also check with the trial court that heard the petition to see if it would entertain a motion to seal the file, or to strike the pleading which contains the false allegations, such that the documents are no longer part of a public record.

[aaron]

You can research recent case law for free, for whatever state you happen to be in, here.

[AlofASmith]

You can research recent case law for free, for whatever state you happen to be in, here.

Please correct me with better research if I am wrong since I can not find any specific cases, but I believe that slanderous “opinions” of someone’s character within the public-court-record can not become a cause for a libel case, but slanderous untruths concerning the facts can be a cause for a libel case, just as untruths [that are not opinions] can become a criminal perjury case if the District Attorney wants to pursue it. The difficulty is to prove to a jury by the preponderance of the evidence that the statement(s) were not true.

[aaron]

Criminal cases must be proved beyond a reasonable doubt. Perjury charges are infrequently brought, particularly following civil trials.