I had a false order of protection that was filed against me that caused me to lose a job. Can I sue for lost salary?

Bankruptcy and Debt 4 views 1 answers
I asked my ex-girlfriend to move out of the house that I own. She moved out while I was out of town, used my address as her permanent address on the OP which barred me from living in my own home,even though it had been over a month since she moved out, and took over $10,000 worth of my property. She filed an OP to hinder that process. I went to the hearing and presented documents that verified her claims of abuse and her written OP statements were false and contradictory. When given repeated opportunities by the judge to give examples of abuse during the hearing she could not give one. Judge ruled she was in fact the issue, not me and vacated the OP. I did not know the OP would show on a bckgrnd check. I lost a job do to this. Can I sue for lost salary?

Attorney Answer

1
Michael Haber ·
Whether you can sue based on your ex-girlfriend fraudulently seeking an order of protection is dependent upon state law as to whether such a filing is privileged or qualifiedly privileged and, likewise, is dependent upon the exact findings of the court in denying the order of protection. I am a NY attorney and cannot advise you as to your state's laws. Thus, you should consult with a local attorney as to this aspect; in doing so, make sure you present that attorney with a copy of the order denying the order of protection. In that regard, it is not clear whether the order of protection was ever in place, or whether there was merely a temporary order of protection that may have been issued after an ex parte (without notice to you) petition. But, as to the self-published book, false statements that are published to a third party and which tend to disparage the reputation of the plaintiff (you), resulting in damages, is actionable. The "book" would have to be evaluated by an attorney. Good luck to you.
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