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  1. #1
    Join Date
    Dec 2013
    Location
    Midwest Frozen Tundra
    Posts
    144

    Default Accused of Making a False Domestic Violence Report Against My Ex

    My question involves child support in the State of: IL
    My ex-husband grabbed my wrist back in November, on a Friday night. I filed a police report that night. The responding officer said he did not see any marks, although my wrist was swollen. The cop told me to file for a protective order and contact a domestic violence advocate. I did that; the DVA said to get an OP. The cop refused to file charges against my ex despite the pictures that an evidence tech took the following day. When the he took pictures, he identified swelling and a red mark. I went to the ER for pain and swelling Saturday night. I received an X-ray and standard ice, compression and ibuprofen for pain. When I finally contacted the responding officer Wednesday night, he said he could not find the pictures although the sergeant said the pictures were attached to the report file. The sergeant told me to go to the ADA, which I did, the day after the responding police officer told me "As far as I'm concerned this case is closed". My ex was not arrested. This was Wednesday night, so I went Thursday morning to get the OP. My ex denied all charges and told our children that my husband and I are liars.

    My ex's attorney has filed suit against me for malicious prosecution, for his attorney's fees and is asking that I retract my statement that my ex had hurt me, essentially admitting to a false police report. Obviously this is not something I will do. I am willing to give him a small monetary settlement just to avoid more bills, but I will not admit to filing a false police report.

    I have read previous posts about similar situations and all contributors have stated, if I remember clearly, that he will not be successful. But my ex is a loose cannon; he filed for an OP when we were separated and I was living 1200 miles away on a travel assignment for 7 weeks. It was a blatant attempt to keep me out of our marital home and away from our children when I was due to return home. That was 2009 and in a different county. This is the same person who is attempting to get an Catholic church annulment. I don't know what his end game is or what he hopes to gain from all this commotion.

    My questions: How do I best make my case that my ex-husband is looney toons and that I cannot co-parent with him; he is uncooperative even to the point of ignoring simple court orders such as sending W-2 forms through Our Family Wizard. Additionally, I know judges are capricious critters, but what are the chances he will prevail? I know crystal balls are in short supply on the other end of the computer screen, but the stress is getting to me horrifically and I would greatly appreciate any advice you all are able to provide.

    As always I truly appreciate your time and effort. Greatest thanks.

  2. #2
    Join Date
    Sep 2012
    Posts
    1,988

    Default Re: Vengeful Ex Husband

    I am willing to give him a small monetary settlement just to avoid more bills, but I will not admit to filing a false police report.
    if you give him anything it will just embolden him to pull more of the same.

  3. #3
    Join Date
    Dec 2013
    Location
    Midwest Frozen Tundra
    Posts
    144

    Default Re: Vengeful Ex Husband

    We're going to court on Monday, and my ex has filed for fees for GAL and attorney's fees to cover his "false" order of protection. I have a witness, hospital visit details, pictures, the police report.

    I think he's over-reaching and will look ridiculous in front of the judge, but just in case the judge takes this seriously, what are the chances of him prevailing on the false OP claim and getting granted almost $10,000 in fees?

    Thank you in advance for any advice. I'm kinda upset about this.

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