Legal Question in Civil Litigation in California
I was givin a restraining order from my estranged wife 3 moths ago. She lied about it and got one for 5 yrs now. I have 7 counts now from violating it. Two are legit , and the rest are fabricated and I have evidence to clear me , with video tapes, independent witness's and clear alabi's. I was arrested three times with events she twisteds the facts and fabricated others with her kids as false witness and am currently on 20,000 bail. I want to take this to a jury trial to present my evidence and clear my name or the woman won't stop doing this and the cops are going to continue thinking she's truthful and lock me up for a long time on her lies.they need to see she's lying instead of hauling me away every time she see's a shadow in her yard. I believe she's bi-polar or some other mental illness. Can I sue her for false arrest with monetary damages to recoup my financial loss in my business and court/bail fees after being cleared?
2 Answers from Attorneys
Poor baby. The only reason people file for restraining orders is to have the restrained person arrested for violating them. Did you hire a lawyer 3 months ago to defend the restraining order petition? I bet you didn't. And now you want a jury trial and a false arrest lawsuit. It's a nice fantasy unless you hire a lawyer.
If you were in my office, I'd throw you out. The fact that you admitted you violated the order at least twice means it is not false arrest, it was certainly true. I don't waste time with frivolous lawsuits.
You need to get a criminal defense attorney to defend the charges. That is the serious matter that you are overlooking.
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