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Violation Of Civil Rights???

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MrHandy

Junior Member
What is the name of your state? New York

My dear estranged wife lied to a family court judge in order to get a stay away order of protection against me barring my ability to go home and/or get my personal belongings. At the trial for the charges, she dropped the complaint against me but during the interim filed for divorce.
Have my civil rights as protected under the 14th amendment been violated?


TIA
 


CdwJava

Senior Member
MrHandy said:
What is the name of your state? New York

My dear estranged wife lied to a family court judge in order to get a stay away order of protection against me barring my ability to go home and/or get my personal belongings. At the trial for the charges, she dropped the complaint against me but during the interim filed for divorce.
Have my civil rights as protected under the 14th amendment been violated?
No.

If she lied to the court and you can prove that, you may have a cause of action against her, and the court or the DA might be persuaded to take action. But the state is not likely ot be liable in any way.

- Carl
 

ranimal

Junior Member
Two things....

First, she can't use constructive abandonment if she had you removed from the home with the order of protection no matter how it was obtained!!! Secondly....if the order was taken out under false accusations...fight it !!! Because if you don't the court will take the position that you were okay with it.
 

ShyCat

Senior Member
Today 12:29 PM ranimal
First, she can't use constructive abandonment if she had you removed from the home with the order of protection no matter how it was obtained!!! Secondly....if the order was taken out under false accusations...fight it !!! Because if you don't the court will take the position that you were okay with it.
ranimal, please do not necropost. This thread is over 3 1/2 years old!
 

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