If my wife filed for an ex parte and a restraining order against mebut wasdenied both, can I sue her for the cost to defend myself against her bogus allegations?

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If my wife filed for an ex parte and a restraining order against mebut wasdenied both, can I sue her for the cost to defend myself against her bogus allegations?

I would like to be able to sue both my ex-wife and my former best friend that she had and is currently having an affair with. She used the system to have me removed from my home and my son. The judge through both of her requests out but it cost me over $2,500 to defend myself. I feel like I shouldn’t of had to do that and she should have to pay me back, if not more. Furthermore, I would also like to sue my former best friend for sabotaging my marriage or anything that I can.

Asked on November 9, 2011 under Bankruptcy Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Whether you have a factual basis for bringing an action against your wife for a failed restraining action for monies spent in defending it is best addressed by the attorney who was successful in defending the action.

The problem is that to bring an action to recover the $2,500 spent in defending it would cost more than the $2,500 spent unless you filed in small claims court. Possibly you could bring an action for malicious prosecution against your wife. As far as a lawsuit against your former best friend for wrecking your marriage, the chances of being able to prove liability and damages is usually never successful.


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