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Question: Personal Injury - West Virginia

Asked on 11/5/2009
Can you sue someone for lying in a protective order?
My exs new wife filed an FPO against me for "fear of her life" She said in the FPO that I have on several occasions attempted to physically assult her and that I harrass her and verbally abuse her. I have NEVER been within 15 feet of this woman and I have only spoken to her once EVER. She showed up the night after filing this FPO and parked right in front of my house! Because of the firearm issues (not being allowed in a house with a firearm) I was unable to attend the first part of my daughters b-day party. What can I do about the bogus report and the perjury?

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Answers (1):

M.S., Member in Good Standing of Connecticut Bar


In order to even begin to affirmatively file suit against your ex's wife, you first need to get the protective order lifted, by having a hearing and demonstrating that the allegations in it are false.  This is a complicated matter, that requires the skill of a seasoned attorney who knows (1) the appropriate motions to file, (2) how to present evidence in court, and (3) how to effectively cross examine a witness.  I suggest that you consult with a local attorney to discuss this matter in greater detail and evaluate any and all options that are available to you to remedy this situation.  Your failure to correct this situation at this point in time may result in your problems escalating as she continues to repeat these false allegations in the future.  Good luck.



  • Answered on 11/5/2009
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