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Can I sue a person for false allegations in a restraining order? How soon after the hearing can I sue her?

Orlando, FL |

My ex managed to put a temporary restraining order on my wife with false allegations. The proof that we have is our neighbor heard the truth from my 8 year old daughter and also a friend of ours heard the truth from my daughter, we have a recording of the truth witnessed by our neighbor and also the Dept. of Children and Families got the truth out of both my kids. We also have a medical report that she stated on that she suffers from depression. With all of this, do we have a case? Would this also give us grounds to take custody of my kids from her?

Attorney Answers 3


  1. I think you may have asked a question just a short while ago. Technically, you probably could, but, are you really going to pay for an attorney to do that and, if so, what can you recover as damages? That would be best answered by a civil litigation attorney. I would subpoena the DCF worker to court. You should obtain an attorney to make sure that he/she is subpoenaed. The friend cannot testify as to what your daughter told her. I would suggest that you retain an attorney to both assist you with the domestic violence injunction and then to revisit the parenting plan/timesharing that you and your ex have. Best of luck to you.

    This answer is for general informational purposes only and should not be relied upon for your particular case nor is it intended as legal advice. I have not reviewed your case nor have I met with you and the answer to this question does not in any manner whatsoever establish an attorney/client relationship.


  2. I do not think it will be successful but this would best be discussed with an attorney that handles civil litigation.

    As far as custody modifications -- I would highly recommend you consult with a local attorney to discuss this matter further to protect your rights and determine if you have sufficient grounds for a modification.

    You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.

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