Trying to dismiss a tpo.In open court the judge said "I remember you in the last hearing admitting to putting a pillow over your wife's face and trying to smother her". I vehemently denied this, telling him I have never been accused of such a crime, I have never admitted to this, and my wife has never said I have done this.There is no such allegation in the tpo request filed on May 19th. There is no allegation or mention of this on the hearing of June 11th where he put the tpo in effect. I told him today to present me with the court records from the June 11th hearing and show me where I was accused of this and where I admitted doing this. He said he didn't have to because he "remembered" me admitting it. He is using this as his reason for keeping the order in effect. What can I do?
The answer to your question, "what can I do," under general principles of law, is: Appeal. Do not delay or you may lose the rights you have. Consult a lawyer who practices in Georgia right away.
But your title question, regarding suing a judge? Judges are absolutely immune for acts taken in their judicial capacity, unless they were utterly without jurisdiction to take those acts. Google "judicial immunity" and check out the Stumpf v. Sparkman case, a judge who ordered a young woman sterilized. An awful case in which, if memory serves, the U.S. Supremes held that the judge was immune from suit.
Not legal advice as I don't practice law in Georgia. It's just my two cents on the facts you describe in light of general principles of law. If you need legal advice please consult a lawyer who holds Georgia licensure. That's not me.
Not legal advice as I don't practice law in Georgia. It's just my two cents on the facts you describe in light of general principles of law.