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  1. #1
    Join Date
    Oct 2014
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    1

    Default Can You Sue Somebody for Lying to Get a Restraining Order

    My question involves restraining orders in the State of: NJ

    This question was asked and never answered back in Dec of 2013 , so let's try it again.

    Can you Sue someone for liable, false arrest, intentenial infliction of emotional distress or duress in NJ? Basically for concocting a story to get a RO.

    Right now I'm on appellate appeal and have been told that the way to make her pay is a 60/40 or 70/30 split in Divorce court but I dont want that. I want her ass before a Jury! OR Indicted for perjury!

    Very simple,

    I have enough evidence to prove she lied, and only obtained this order to leverage a better Divorce agreement, and I'd rather die than give into blackmail.

    So can I Sue?


    ThxU

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can You Sue Somebody for Lying to Get a Restraining Order

    You're talking about this thread? That person, who had a lot of problems, was putting the cart before the horse. He was told what it would take to prevail in a malicious prosecution claim in his state, but that he first needed to defeat the petition for the order of protection.

    If the trial court believed the petitioner's testimony over yours and granted the order of protection, you're in much the same situation in terms of any malicious prosecution / abuse of process-type claim. You can't succeed in such a claim unless you prevail. Assuming this is a civil order of protection, if you can in fact prove that the restraining order was granted based on false evidence, you and your lawyer should bring a motion to set aside the protective order on that basis.

    You mention a criminal charge and a petition for a protective order. When you say "Right now I'm on appellate appeal" do you mean that you were convicted of domestic violence and are appealing? That a restraining order was granted and you are appealing? Both? If both, was the restraining order issued as part of the criminal prosecution, or as part of a separate proceeding?

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