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Who pays when you are forced to be a Defendant?

Discussion in 'Civil Court, Procedure & Litigation' started by tpwpny, Jun 27, 2016.

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  1. tpwpny

    tpwpny Law Topic Starter New Member

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    Jurisdiction:
    New York
    If someone makes a claim or action on you based on falsehoods —which you can prove— are they liable for your legal costs? What is your recourse? (Example: A protective order filed on you based on made-up claims, which you must pay an attorney to help defend in court.)
     
  2. adjusterjack

    adjusterjack Super Moderator

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    Possibly.

    A suit for defamation or malicious prosecution.

    Bad example because protective orders are sought because of fear and perception, not fact. She says she's afraid of you, you say there's nothing to be afraid of, she's not lying so there's nothing for you to sue for. She wants you to stay away. It's because you're not staying away that she files for the protective order. Get the idea?

    I'm speculating, of course, for the purpose of an example but that's based on reading thousands of posts where the guy says she lied to get a protective order. There may be a miniscule percentage where that might be true but for the most, where there's smoke there's fire. Guys just don't want to take no for an answer.
     
  3. tpwpny

    tpwpny Law Topic Starter New Member

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    Disheartening that it would be so prejudicial against men if that is the circumstance. However, what if you have proof that the allegations are false, by eyewitness affadavit, police eyewitness, and that you have proof of an ulterior motive for filing the frivolous claim? Theoretically, according to your perspective, absolutely anyone can be pinned with a PO and have to pay to defend themselves. In this case, there was no "stay away" needed.
     
  4. adjusterjack

    adjusterjack Super Moderator

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    None of that prevented the PO from being issued by the judge, right?

    Then it's not going to help you now.

    Exactly my point. YOU say there was no "stay away" needed and she says otherwise. The police got called to the scene. Something in the relationship brought something to the boil.
     
  5. tpwpny

    tpwpny Law Topic Starter New Member

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    Unfortunately in this area of jurisdiction it seems a temporary PO can be issued by just one person walking into the Family Court building and filling out a form. And the assumption is incorrect that it was an act that brought police to the scene. There was no violence involved. Any presumption that the defendant, by sole virtue of being a male, is at fault is incorrect and prejudiced.

    The police were called to the scene by the defendant - NOT the complainant of the PO.
     
  6. tpwpny

    tpwpny Law Topic Starter New Member

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    Oh, and btw, this isn't an issue of husband v wife conflict. It's homeowner v. squatting family member. And I use the term "family member" very loosely.
     
  7. army judge

    army judge Super Moderator

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    Okay, we've tried to help you many times.
    The suggestions don't change, despite your wishes.
    Closing this thread before it degenerates into unpleasantries.

    Please don't keep asking the same question, over and over and over ...

    Thank you.
     

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