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Can You Sue Somebody for Seeking Restraining Orders

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  • 09-22-2013, 09:42 AM
    krinnypoo
    Can You Sue Somebody for Seeking Restraining Orders
    My question involves defamation in the state of: Washington
    My ex and I are still good friends- unusual I know... however...
    He got remarried in 2004 to a Russian woman and 2 sons which turned into a night mare.
    Her intentions were citizenship and financial gain.
    She has lied on her declarations and been caught by the judge at a later date.
    She finally got a protective order on my ex which was termed by the judge 'over communication'
    and of course told not to contact her- and he did not contact her.
    This woman then went to her local police station and claimed he had been calling her.
    She went down many times until the prosecutor finally took up the case.
    He denied the charges.
    After x amount of time, it finally got to where she was required to provide proof of her claims.
    She refused at first to provide the documentation, when she finally did it was redacted each time.
    The prosecutor finally dismissed the charges 'in the interest of justice'.

    This type of situation is a common thread through this issue with her.
    I started observing what was going around late 2010 and she has tried to get him filed with charges of some sort for quite a while.
    Much of which had to do with citizenship and the monetary recompense resulting from it.
    She got that protection order- stated multiple times to the judge that she was frightened and needed protection- but then came over to his house unannounced, walks in and is aggressive. She had to be removed by the police. I was on the cell phone listening and he was on the house phone with 911- he had a phone in each hand.

    There is much more information here which shows a history of intention and systematic activities.
    There is perjury in court records, and recordings where she is caught by the judge.
    Contradicting court testimony and police records.

    I am extremely disillusioned with the legal system.
    I have seen more lying in court, more contradicting testimony and all seemingly ignored by the court.
    Currently she is trying to get the restraining order reinstated though she has no reason to do so. He moved to the other side of the continent in order to get away from her and yet she is telling the court that he put something under her car.. Hard to do from Miami.
    We are waiting to get the audio from the hearing in order to determine how she is justifying her protection request when there has been no contact.

    He doesn't have the funds to get a lawyer to argue in court over her actions.
    He has had to pay for maintenance during the divorce process. ( she lied on her declarations and was actually working)
    What are his choices? Small claims court?
  • 09-22-2013, 10:42 AM
    Dogmatique
    Re: Malicious Prosecution
    It kills me how many people automatically go "Chicken Licken" with "Oh s/he was using him/her for citizenship".

    If people actually had a vaguest clue about the reality of residency vs. citizenship in this country, we wouldn't hear quite so much noise from people who think they know. Suffice it to say that during an immigrant's working life, it's much easier to benefit financially by NOT being a citizen. Surprise!

    His chances at what? He has no case here.
  • 09-22-2013, 11:41 AM
    krinnypoo
    Re: Malicious Prosecution
    I didn't say that everyone is using everyone every time.
    That statement is case specific.
    So unless you know the rest of the information you aren't in a position to determine one way or another.
    The fact is that it does happen. Not to everyone.. but it does happen.
    And unless you know her motivation to remove her children and herself from a place where they were being threatened by locals for various reasons then you can't make an educated case specific determination.
    So Surprise yourself!
    My question was that if someone, who is of that mindset where actions are documented by the court and other methods what are the options to defend yourself againsts someone who is aiming toward a prosecution simply because they are mean hearted at someone else's expense.
    In this case that is the case.

    And you say he has no case. You are an attorney or just someone who is reading posts?
    I also see that you didn't address the malicious prosecution question, only an abstract comment on someones intentions you have only an iota of information on.
  • 09-22-2013, 11:58 AM
    Dogmatique
    Re: Malicious Prosecution
    Given that this is non of your legal business, I would advise your friend to simply ignore your words and to hire an attorney instead.

    Better?

    - - - Updated - - -

    (But for your own edification, look up the definition of "malicious prosecution" - you'll see why it doesn't apply).
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