Legal Question in Criminal Law in Massachusetts

False allegations and wrongful misuse of restraining order

My wife (getting divorced soon) got an ex-parte restraining order against me. Reasons cited were (verbatim):

''I fear he may not be thinking rationally due to his mental illness (bipolar) which is not managed properly. I hear he may take her (i.e. daughter) from me''

Neither of these are true. My pyschiatrist gave me a letter of well-being and stable. I had already given her my daughter's passport AND my passport.

In fact, cached emails retrieved from our marital computer indicate the fact that she had premeditated it--she told several people that she was 'considering restraining order.. but he is not violent.'

Essentially, this was a ''quickie'' divorce for her to get me out of the house.

She did not show up at the hearing (or her counsel) but I showed up there with my counsel and the order was vacated.

Since I have proof (saved email in family computer, not intercepted) that she premeditated the event, can I sue her for wrongfully alleging harm and abusing the law? If she made the same statements in writing, is this libel?

Questions:

1. To sue, what kind of lawyer (criminal, constituitional...) do I need?

2. Are wrongful accusation and libel adequate reasons to sue?

3. Are you one who I can hire?


Asked on 9/21/07, 12:32 pm

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: False allegations and wrongful misuse of restraining order

Yes, you can file a civil complaint seeking damages for at a minimum, abuse of process. As to the issue of libel, not to communications related to a court action, but yes to elsewhere.

You need someone like me versed in civil and criminal law.

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Answered on 9/21/07, 2:44 pm


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