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Need to file Civil Suit - Order of Protection in place. Justice System, Police, Courts

Discussion in 'Criminal Charges' started by JoeyBloeySmoey, Mar 27, 2015.

  1. JoeyBloeySmoey

    JoeyBloeySmoey Law Topic Starter New Member

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    I am needing to file a civil suit on an individual who has placed a 1 year order of protection on me. My attorney did not know off-hand if this violates an order of protection & is checking to see if I will/will not be ok filing small claims on this person.

    I have heard of people being arrested in other states for filing court documents against someone who has placed an order of protection on them. I would assume this is law enforcement not understanding how process works (I found out they don't know much, no surprise)?

    The research I have done on malicious prosecution makes me believe that there is no way a court document being received by someone, who has an order of protection on the individual filing the claim, could result in the person filing the claim (me) being arrested. Further more, if the holder of the order of protection (person I am filing suit on) commits a crime against me, which is very possible, how would you file criminal charges on someone without violating the order, if they get a copy of their warrant mailed to them? Them receiving a copy of a warrant, is essentially me brokering communication between law enforcement to them, accusing them of a crime, the same way me filing suit on them, is my accusing them of something warranting a suit. This is another reason why I do not believe a small claims suit violates an order of protection, once they receive court papers. If it is a violation, that makes zero sense to me.
  2. mightymoose

    mightymoose Moderator

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    Proper service of legal documents does not violate the order. You should certainly not be present for any service.
  3. Proserpina

    Proserpina Moderator

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    You read wrong.

    Nothing prevents you from filing a suit against someone even if there's a OOP in place. You won't be arrested, or anything of that nature.

    Think about it...

    For what its worth, you don't file charges. Only the DA can do that.

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