Back into the frying pan

[invictus]

 I am in california and have finished a 14 month court battle initiated by a sexual abuse allegation and restraining order. Allegations were put to rest after 3 months, but the custody case continued for the remaining 11.

The alleged allegations were made 7/3/03 - 7/7/03 C.P.S. was contacted by her boyfriend - with whom she broke up with because he made the call, 7/22/03 C.P.S. deemed the allegations unfounded.

On 8/5/03 when the the mother was asked if contact was made, she stated in court that she had been interviewed by C.P.S., but nothing came of the case.  - She did not divulge the outcome of the interview fully.

I was never interviewed, no law inforcement was notified. On the restraining order She stated I lived with her, on the paternity she states I didn't.

After the Abuse was dispelled, at another court date I was an alchoholic. another, Psychologically abusive.

when those allegations couldn't keep us apart, she found a new boyfriend and moved three hours away.

I had to visit my daughter in a controlled environment, then supervised by grandparents, and now I have joint phys. and legal.

The mother has slandered my good name and made me the pariah of the school, and all of our friends.

I would like to take her back to court and sue her for the costs and work lost, acting in pro per.

Could I take her back to court for restitution of court costs and lost wages?

Acting in pro per?

[socrateaser]

Your facts don't really give me anything useful to go on.

Was the restraining order set aside or dismissed, and if so, on what grounds, EXACTLY (word for word)?

Basically, if you can show that a civil action was initiated against you with malice and for a purpose other than that stated in the action (e.g., she filed a false abuse charge to keep you from exercising custody over the child), and the case was eventually resolved in your favor, on the merits (i.e., all facts at issue tried by the court and found in your favor), then you can probably sue for wrongful institution of civil proceding, intentional infliction of emotional distress and possibly even fraud.

Whether you can do this pro per, depends on your legal knowledge. Most laypeople cannot even begin to make such a case, but, you have the legal right to try.

I suggest that you contact a civil tort attorney and get a free consult. Remeber, that damages in a case like this are generally restricted to money, and if your opponent doesn't have loads, then no attorney will take the case on a contingency basis, and you'll be stuck paying by the hour.

[socrateaser]

Your facts don't really give me anything useful to go on.

Was the restraining order set aside or dismissed, and if so, on what grounds, EXACTLY (word for word)?

Basically, if you can show that a civil action was initiated against you with malice and for a purpose other than that stated in the action (e.g., she filed a false abuse charge to keep you from exercising custody over the child), and the case was eventually resolved in your favor, on the merits (i.e., all facts at issue tried by the court and found in your favor), then you can probably sue for wrongful institution of civil proceding, intentional infliction of emotional distress and possibly even fraud.

Whether you can do this pro per, depends on your legal knowledge. Most laypeople cannot even begin to make such a case, but, you have the legal right to try.

I suggest that you contact a civil tort attorney and get a free consult. Remeber, that damages in a case like this are generally restricted to money, and if your opponent doesn't have loads, then no attorney will take the case on a contingency basis, and you'll be stuck paying by the hour.