My ex-wife who has a history of mental illness documented. Filed a TRO stating that i threatened her and my own children with 'weapons'.
Has put into the community that I had 4 affairs with different women,one of which was supposedly pregnant by me. (found that my ex wife had the affairs)
In another harassment protection order she stated that:
I broke into a State school computer system and erased her records.
I had to be restrained 4 times by an officer to keep her away from her home. (I contacted the police and they have no report of such a disturbance) They wrote a document to that fact and the county attorney where she is located would not allow and i was issued the order.
She has also used the Indian stereotype as a Alcoholic and not being a father to children to gain custody
Statements made in court are generally immune from defamation suits. We have the tool of cross examination to ascertain the truth.
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Seems like you have a two-part story. In the first part, no, you cannot sue for slander or libel if the statements were made in a legal filing, during courtroom or deposition testimony. If she made those statements to other third parties, you may have something, but you won't be able to use any testimony or court filings to establish your case.
The second part of the story has to do with the protection order. Based on the comments made, your assertion of mental illness and the truth of the matter asserted, you should be able to negate the protection order at a hearing. Sometimes judge's don't allow attorney participation in protection order hearings so it is best to consult with an attorney in your area to see what, if anything, can be done.
This should not be considered legal advice, but rather simple information. You should consult a lawyer to review your unique situation. No client-lawyer relationship exists until you sign something indicating there is.
I doubt you would win on the slander or libel suit. You can and should file for custody and support for the children. Hire a lawyer and get it done.
1. Hire an attorney to fight the protection order
2. Hire another attorney (or use the same attorney) to file for custody of your children. Bring the evidence that she lied to both attorneys as this will make your case.
3. Unless and until the protection order is set aside abide by the protection order so that you can win the custody case.
I am a licensed attorney in the state of Nebraska. However, the advice I give here is not to be taken as legal advice. It is merely my opinion based on the limited information given. In order to assure that your legal rights are being properly represented I would always recommend going in for a consultation with an attorney to explain your case in detail and answer any questions the attorney might have.
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