Skip to main content

Can i file suit against someone for filing an false accuation on an order of protection.

Springfield, IL |

I had a order of protection that was filed against me. within the order of protection she indicated that i chocked my son. family services was involved and determine no abuse occured. during our court hear, she changed the story. there was never any abuse. can i sue her for filing the false accusation to obtain the order of protection.

Attorney Answers 2

Posted

Civil OP's are granted liberally in Illinois; judge's like to err on the side of caution. The question will be, was it granted? If it was, I would argue that your odds of being able to do anything civil related will be next to zero.

Mark as helpful

1 comment

Asker

Posted

Attorney Mattew Gotzh is ead wrong and he most likely knows it. It is common knowledge that orders of protection and even criminal charges are handed out like candy. There is usually not a formal trial, the man is rarely allowed to speak, judges won't give the good lawyers that try to do their job the chance to speak because they want that federal funding for the state. Attorney Matthew Gotzh is giving you horrible advice here, as he knows that there is no burden of proof with protective order cases and that judges usually even refuse to allow a man to submit anything into evidence, which is a serious crime in itself. It does not matter if the judge issued the order against you or not. What matters is that you were wronged in a huge way and so was your child, while the system is making money off of it. You should sue that woman, especially if you have proof and can prove how you were damaged. Don't believe what most lawyers say about family court. If they tell the truth, they won't make any money.

Posted

Plan A:
If she was able to get an emergency order of protection against you, the Judge would have issued another court date at which time she can ask to have it extended to a two-year order. Your copy of the emergency order will show that court date. You could show and present your evidence that the alleged abuse never happened. If you don't show and she does, it will appear as if you don't care so the order will be granted. This could affect your contact with your son as he is likely to be a protected party.

Plan B:
Forget about trying to sue her and move on with your life. What goes around comes around. Even if you had a basis for a lawsuit, and I'm not saying you do or you don't, you would have to show in what way, other than really pissing you off, that her false allegations have harmed you. Did you get fired from a job as a result? Dishonorably discharged from the military? Undergo extensive psychotherapy and begin a course of anti-depressants?

Mark as helpful

1 found this helpful

1 comment

Asker

Posted

Attorney Scott Andrew Wineberg was onlyright about what he said as far as getting on with your life, while one of the most vital things to a family court case is to eliminate the fighting as much as possible. However, defaming one's character with false accusations of ABUSE causes very severe emotional trauma, loss of reputation, legal fees, lost time from work and lost wages, and usually lost paretning time. Attorney Wineberg left out that to alienate a child from a parent's life is child abuse, which is obvioculy a serious crime. He also left out the fact that if women pay no consequences, that they will keep doing this. She committed perjury, fraud, conspiracy, obsruction of justice, felony harassment, and even what can be called stalking. Not only should you sue this woman, but you should have her do a sworn deposition before the court case and catch her committing perjury yet again, and pursue criminal charges. You should also sue the states attorneys office if they refuse to prosecute her, and you should sue the judge for violating your 14th Amendment Right to due process and equal protection. Most lawyers won't tell you that this keeps happening because the states and their cronies ONLY get federal grants under the Violence Against Women Act (the VAWA) and the Social Security Act (Title IV-E for DCFS amd Title IV-D for child support) if the woman has everything and the man has nothing. Most lawyers won't do anything for their male clients in family court becasue if they stop the fighting and help prosecute false accusers, they won't make any money. They also almost NEVER tell a judge, prosecutor, child support enforcement agent, etc. that they can't do certain things because of those things being ILLEGAL, because they don't want to snitch on their own kind, while they are in on the big scam and are making more money out of it than anyone else is. Sue that evil woman every time she does this and pursue criminal charges, along with suing the state and the officials that are involved.