Abuse of process, restraining order

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My ex-girlfriend lied to get a restraining order. I tried to talk to her about it and she called the police, hence criminal charges. I have been found guilty of violating the order through text and email and delivering a letter to her at her new residence although it was in good conscience. I have had the original order 'set-aside', due to faulty proceedings, and have a new hearing coming up in just over a month. In all, it has cost me $25,000, 23 days in jail, and a criminal record, not to mention emotional trauma. She is obsessed with the law and has been medicated most of her life. She is a paralegal and cheated on me with a prosecutor. There has been no domestic violence except she was arrested for dom batt. What do I need to prove to sue her and recover my losses?

Attorney Answers

2
Isileli Mataele ·
Unfortunately there may be nothing you can do if it from her filing for a restraining order. You could try to do a malicious prosecution claim but those are rarely successful (I actually don't know any successful ones). If you can prove that her claim had no chance of success (not weak case) then you may have a case. Simply not proving it is not sufficient.
0 upvotes
Michael Harrington ·
Re post under criminal law, to explore possible defenses such as validity of the underlying order.
0 upvotes

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