Can someone be punished for filing a false protective order, and how?
Question Details: My husband's ex filed a false protective order when she was having a bi-polar episode. She said he raped and tried to murder her with a sickle on Valentines Day while my husband and I were flying to Missouri for the day. At court she requested to dismiss it and our child custody attorney advised us to just drop it when we expressed frustration that she abuses the system and humiliates my husband at work when he was served. We don't want money, we just want her to be punished or at least for it to be known that she lies and abuses our court system. Is there anything we can do?
You need to speak with both an experienced family law attorney (who can advise you on the likely consequences of taking action against a spouse's ex) and, if you decide to go ahead, with an attorney experienced in the field of defamation suits specifically and tort lawsuits more generally, but some possibilities include:
1) Suing her for defamation, for making false public statements that damaged your husband's reputation.
2) Suing for misuse of process, for your and your husband's costs in defending himself and clearing his name.
3) Filing charges against her for filing a false report.
4) Applying for a protective order against her, to prevent her from contacting you or your husband.
Although I do not practice law in the State of Oklahoma, here are my initial impressions. If you already have an attorney handling your child custody matter, then I suggest that you defer to his/her advice, since he/she is most familiar with your case. That being said, if you can truly document that the report was false (with plane tickets, etc) then you may have remedies available to you. If you are unsatisfied with your current attorney's advice, I suggest that you seek a second opinion from another local attorney. Good luck.
