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    Aug 2015
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    Default Re: Can You Sue Somebody Who Got a Restraining Order Against You Over Their Allegatio

    Quote Quoting Cindas Cindas
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    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.

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