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Can You Sue Somebody Who Got a Restraining Order Against You Over Their Allegations

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  • 05-15-2017, 09:02 PM
    Cindas Cindas
    Can You Sue Somebody Who Got a Restraining Order Against You Over Their Allegations
    My question involves defamation in the state of: Washington.. My husband had an affair and I found out through his email while I was paying g bills. I have a restraining order on me from the other woman b/c I posted their affair on fb. When we went to court she lied 3 times. I want to approach the court in a letter regarding her perjury and my first amendment rights. My expectation is to make the court aware and to have something on file regarding all of this. I have never threatened her in any way but I did make their communication public. As far as harassment that did not occur either. If possible, please advise. This woman took a personal matter and made it a legal matter b/c it painted an unflattering picture of her in her community. However, everything I have said or posted was true.
  • 05-15-2017, 09:09 PM
    Dogmatique
    Re: Restraining Oder
    What is it exactly that you wish to accomplish? Your chance to defend against the RO was in court, not afterwards.
  • 05-15-2017, 09:10 PM
    adjusterjack
    Re: Restraining Oder
    Sorry, but if you couldn't prove the lie while she was testifying you don't get to go back for a do over.

    The RO is in effect. Obey it. Don't keep engaging the woman. You don't want to have anything to do with her anyway, right?

    Instead, I suggest you concentrate on your husband. He betrayed you. Your problem is him.

    Don't lose sight of that.
  • 05-16-2017, 08:35 AM
    Mr. Knowitall
    Re: Restraining Oder
    It is a good idea to be represented by a lawyer at hearings regarding protective orders. Rather than focusing on trying to sue this person, consider consulting a lawyer to see if you have any chance of getting the restraining order set aside.
  • 05-16-2017, 08:37 AM
    LexisLutor
    Re: Can You Sue Somebody Who Got a Restraining Order Against You Over Their Allegatio
    Quote:

    Quoting Cindas Cindas
    View Post
    My question involves defamation in the state of: Washington.. My husband had an affair and I found out through his email while I was paying g bills. I have a restraining order on me from the other woman b/c I posted their affair on fb. When we went to court she lied 3 times. I want to approach the court in a letter regarding her perjury and my first amendment rights. My expectation is to make the court aware and to have something on file regarding all of this. I have never threatened her in any way but I did make their communication public. As far as harassment that did not occur either. If possible, please advise. This woman took a personal matter and made it a legal matter b/c it painted an unflattering picture of her in her community. However, everything I have said or posted was true.

    Although your post starts and ends with allusions to to defamation, it seems that for now you are most concerned with the restraining order. The "defamation" issue would become your concern only if that woman sued you for defamation.

    You need to provide more details: How relevant [to the petition] were the petitioner's lies? Did you object to -or in any way opposed- her testimony? What did you say in court? What evidence did each party introduce prior to or at the hearing? What reasons did the judge give for granting the restraining order? These items matter when it comes to appellate review. Usually the petitioner has the burden of proof that his/her petition for restraining order is merited. If you decide to appeal, now your task is to persuade the appellate court that the petitioner failed to prove the necessity of a restraining order.

    That being said, appellate courts give great deference to the judge's credibility decisions, the rationale being that the judge had the occasion to see the parties' demeanor and other aspects which are not palpable from the hearing transcript and court documents. This is why law-abiding civilians shouldn't just show up at the hearing; they need to present their evidence prior to the ruling -and ideally develop their legal arguments- so that the matter will not depend entirely on the judge's subjective assessment.

    Another scenario that could lead to reversal (or at least remanding) of the ruling is if the judge didn't substantiate his/her reasons for it. I don't want to delve into hypotheses: if you provide more details it will be possible to give you a more specific orientation.
  • 05-16-2017, 10:12 AM
    qwaspolk69
    Re: Can You Sue Somebody Who Got a Restraining Order Against You Over Their Allegatio
    Quote:

    Quoting Cindas Cindas
    View Post
    My question involves defamation in the state of: Washington.. My husband had an affair and I found out through his email while I was paying g bills. I have a restraining order on me from the other woman b/c I posted their affair on fb. When we went to court she lied 3 times. I want to approach the court in a letter regarding her perjury and my first amendment rights. My expectation is to make the court aware and to have something on file regarding all of this. I have never threatened her in any way but I did make their communication public. As far as harassment that did not occur either. If possible, please advise. This woman took a personal matter and made it a legal matter b/c it painted an unflattering picture of her in her community. However, everything I have said or posted was true.

    Why didn't you bring up anything in court or defend yourself in court?

    How often have you posted about their affair? That could be construed as harassment.

    Why are you so concerned with HER? Your husband cheated on you. Why aren't you focused on him? Did she rape him? Force him? Coerce him? No? Then it took two to have the affair. Not just her.

    Abide by the order. Stay away from her and maybe look into a divorce lawyer.
  • 05-16-2017, 10:29 AM
    LexisLutor
    Re: Can You Sue Somebody Who Got a Restraining Order Against You Over Their Allegatio
    Quote:

    Quoting qwaspolk69
    View Post
    How often have you posted about their affair? That could be construed as harassment.

    Not necessarily. It would be harassment if the OP addressed the petitioner directly or indirectly and with indications that the messages be conveyed to the petitioner.

    Quote:

    Quoting qwaspolk69
    View Post
    Why are you so concerned with HER?

    It is reasonable to be concerned when somebody obtains a restraining order through false statements, because then that petitioner will be tempted to make new false statements to cause OP to be punished for no good reason. Furthermore, a law-abiding civilian is entitled to his/her clean record, even if the courts no longer display restraining orders publicly on their IT systems.
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