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Can I sue for the stress I experienced while a false restraining order was issued.

Lunenburg, MA |

The restraining order was dismissed on the initial extension hearing. The judge essentially told my soon to be ex wife she was wasting time and she was not to apply for another one unless she informs any other court about the one she recently applied for. She had used my mental state as her "fear" however we haven't spoke in 3 months. They were completely false allegations. I had to worry about ethical issues where I work, had to take time off from work, I also had to start going to the doctors because I was getting sick. She's been keeping our children from me for 3 months and the issue of the restraining order had stemmed from the fact I had to work with the Massachusetts state police and a local pd to locate her and my children when she left the state

Thanks for that response! it wasn't so much a focus on suing more of just something i was curious about. I've already filed a motion for temp. custody but that has just been sitting I've called to follow up on it but no response as of today. Im hopeful to hear something soon.

Attorney Answers 2

  1. Best answer

    Soon to ex-wife is still your wife and absent a pattern of conduct and a finding by the judge that the action was brought in bad faith, you can't sue for the emotional distress you expereinced. Hopefully your divorce is tried before the same judge that told her she was wasting her time - her actions to deny you contact with the children under the 209A abuse prevention order coupled with an authorizex departure from the state with the children for three months leave you with excellent standing to ask for custody of the children - given her intent to deprive them of a relationship with you.
    Given your profession, you know how to follow court orders - which I bet she has not been following. Maybe you should change your focus.

  2. My colleague provided excellent advice. I strongly urge you to speak with a local family law attorney who can help develop your case for divorce. I wish you all the best.

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