My soon to be ex-husband had a Ex Parte DVPO and Criminal Trespass charges brought against me and had me arrested, where I spent

Asked about 3 years ago - Cary, NC

the night in jail before an appearance before a judge. My lawyer and I had proof that the warrant was untrue, but he dropped the charges the day of court. I am out over $3,000 for legal fees, bail, etc. I have evidence to prove that he hadn't warned me not to come to our home (I had moved out 6 months prior, but had been going back for mail, clothes, etc, with no problems). The other part of the warrant read that he told me to leave and I refused. I have our cell phone records from that day that prove that he and I were 45 miles apart, when I was supposedly there. He suffers from borderline and anti-social personality disorder, is violent and has many firearms. I went for a DVPO yesterday and was denied Ex Parte, and have a court date in May. My question: could I file a civil suit

Attorney answers (1)

  1. Gregory J. Brewer

    Contributor Level 14

    Answered . If he dropped the charges then you can sue him for malicious prosecution. However, an attorney will probably charge you at least $3,000.00 just to start that lawsuit. Is it worth it?

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