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restitution

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bone23

Junior Member
What is the name of your state (only U.S. law)? Michigan
5 months ago my ex husband assaulted me and my fiance. Since my fiance fought back and the ex husband was marked up he got a ppo out on the fiance, and pressed charges. 5 months, 16 court dates, a witness coming forward, and thousands upon thousands of dollars later everything has been dropped and the fiance is in the clear. The ex even tried to get custody of our son using the ppo which was also denied but I had to go to friend of the court 4 times. Why is my lawyer telling me now to take the high road and forget about it all and it won't be worth trying to get restitution? How is this fair? Isnt there anything I can do?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? Michigan
5 months ago my ex husband assaulted me and my fiance. Since my fiance fought back and the ex husband was marked up he got a ppo out on the fiance, and pressed charges. 5 months, 16 court dates, a witness coming forward, and thousands upon thousands of dollars later everything has been dropped and the fiance is in the clear. The ex even tried to get custody of our son using the ppo which was also denied but I had to go to friend of the court 4 times. Why is my lawyer telling me now to take the high road and forget about it all and it won't be worth trying to get restitution? How is this fair? Isnt there anything I can do?
Life isn't fair. Sue your ex, its is your right. You can sue him for a gazillion dollars but I can tell you that aside from a little personal satisfaction if you win, you collecting will be more frustration that it is worth.
 

Ohiogal

Queen Bee
Quite frankly, it would have to be the fiance suing the ex in court because the fiance is the one who incurred legal fees for the PPO and criminal case. Depending on the amount of legal fees, it may exceed a small claims case which means a lot of money in a regular civil case which could take several months and more money than would most likely be awarded. As for the FOC costs, that should have been dealt with at the time of the case being resolved.
 

bone23

Junior Member
Quite frankly, it would have to be the fiance suing the ex in court because the fiance is the one who incurred legal fees for the PPO and criminal case. Depending on the amount of legal fees, it may exceed a small claims case which means a lot of money in a regular civil case which could take several months and more money than would most likely be awarded. As for the FOC costs, that should have been dealt with at the time of the case being resolved.
Yes I understand all this. I dont understand why the city and county prosecuter who represented him in numerous court dates wouldnt have an issue of him wasting tax payers dollars. The prosecuter even told him they never would have gone along with it if they had known what they found out after the witness was found. He made a false police report and lied under oath at every court case. It just seems like he should have to pay somehow...
 

Proserpina

Senior Member
Yes I understand all this. I dont understand why the city and county prosecuter who represented him in numerous court dates wouldnt have an issue of him wasting tax payers dollars. The prosecuter even told him they never would have gone along with it if they had known what they found out after the witness was found. He made a false police report and lied under oath at every court case. It just seems like he should have to pay somehow...


Again, not your decision to make.
 

latigo

Senior Member
What is the name of your state (only U.S. law)? Michigan
5 months ago my ex husband assaulted me and my fiancé. Since my fiance fought back and the ex husband was marked up he got a ppo out on the fiance, and pressed charges. 5 months, 16 court dates, a witness coming forward, and thousands upon thousands of dollars later everything has been dropped and the fiance is in the clear. The ex even tried to get custody of our son using the ppo which was also denied but I had to go to friend of the court 4 times. Why is my lawyer telling me now to take the high road and forget about it all and it won't be worth trying to get restitution? How is this fair? Isnt there anything I can do?
One difficulty in responding to your question as to why your attorney is telling you what s/he is telling you is because you fail to explain whose claims for redress (causes of action) against the ex husband s/he is referring to. Yours, the fiancé’s, or both.

The only conceivable legal claim you perhaps might have had would be to have timely requested that that the family court exercise its discretionary autoritity to grant you attorney fees in successfully defending the ex’s motion to change custody.

But that would depend on whether or not Michigan law allows the courts to grant such fees. I can’t say. Anyway, it would needed to have been requested at the time.

The fiancé has the potential of pursuing to two separate probable legal claims or causes of action against his assailant. Both in tort. One for battery and the other for malicious prosecution.

And you and he are certainly at liberty to seek other professional opinions as to the viability of prosecuting those claims.

Good luck


[SUP]As a fledging lawyer who needed directions to get to the courthouse, this is one of the best pieces of advice I ever received:

“People don't pay lawyers to be told what they can’t do”.[/SUP]
______________________

Supplementing:

Excuse me, I overlooked the part where you too were a victim of a battery.

Please talk to another attorney before taking the "high road" - whatever that means in lawyer talk.
 
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