My exwife has filed 3 protection orders against me two of which she did not show up to the hearing and were dismissed, the other had dismissed for failure to provide burden of proof. She has now file a protection order against my wife and has listed child as a protected party and is doing so just to try to impede the fact that i just was awarded residential parent rights of our minor child. These allegations are completely unfounded and i would like to put a stop to her filing false claims. If not vexatious litigation or conduct what could I file? Do I have a strong case for defamation of character or any other charges I could file such as harassment?
This is a matter to be evaluated by a State of Ohio attorney. Contact a family law attorney licensed in Ohio.
I think your best shot is a vexatious litigator and I am not convinced that you have 100% chance of winning that. Talk to a local attorney to get a better handle on what the courts in Columbus might do.
It depends on what judge you get. Since the issues surround the same parties each time (for the most part) at least one judge in Columbus does not consider it falling within the vexatious litigation definitions (it is stretching it). There may be other options to go after her in civil court.
You should be able to get the most recent protective order dissolved. I doubt the court will label her as a vexatious litigator... the court may first warn her against filing any further requests for protective order.
Obviously, you would first need an attorney. Unfortunately, in the circumstances you present, it would be difficult for you to win. Here in Maryland,, "due process" is a big focus for "vexatious" or "frivolous" litiigators(litigants) [ see, Riffin vs. Circuit Court for Baltimore County, Md. Special Court of Appeals, No. 2939, September Term 2008, 01/05/2010. Ohio is probably the same. Vexatious litigation is brought regardless of the merits, solely to harass or subdue an adversary, etc. Courts generally give a lot of leeway for people to sue each other [ Ohio Revised Code 2323.57 (civil Action to Declare Person Vexatious Litigator]. Hope this helps in some way.
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