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    petmama's Avatar
    petmama Posts: 2, Reputation: 1
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    #1

    Jan 2, 2011, 11:15 AM
    Can I collect for the costs accrued over a of false/untrue order of protection
    Can I collect for the costs associated with having to vacate (thrown out of house by police) on a order of protection that was dismissed or withdrawn by the plaintiff because it was untrue on the day of court. Prior to this he asked me to come home 3 times. Cost would be hotel, food, animal care, attorney's fee's etc.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Jan 2, 2011, 11:17 AM

    Hello p:

    The place to prove whether it was true or not, would have been the court that ordered the TRO. If you lost there, and you did, you can't collect damages resulting from that court order.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 2, 2011, 11:18 AM

    Doubtful, you could try, merely being withdrawn does not mean it was not valid, since the court did not find it invalid, it was valid at the time
    petmama's Avatar
    petmama Posts: 2, Reputation: 1
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    #4

    Jan 2, 2011, 11:38 AM
    Comment on excon's post
    I was the defendant who's quadriplegic husband of 22 years moved OUT with his girl friend of 3 months. He then went for the order of protection ON ME, I was asked to leave 12/9 and court day he dropped the order. I have proof of his malice intent.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Jan 2, 2011, 11:41 AM

    What proof, it can not be hearsay, merely dropping the case is also not proof.

    So what proof do you have ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jan 2, 2011, 11:53 AM

    You may have a case against your husband, if you can prove he maliciously filed for the TRO.

    P.S. Please don't use the Comments feature for followups. Use the Answer options instead.
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