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False allegations (Protection Order)

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ChasingDaylight

Junior Member
I am an over the road truck driver and have been dating an individual for about a year. About 2 months ago while I was somewhere between Charlotte, NC and nowhere I received a message from this individual telling me our relationship was over. At that time I informed her via text message that I would pickup my personal items which were at her residence at a later date.

On December 4th I was in the area of her residence and was advised that she had not gathered up my belongings yet and therefor I was unable to retrieve those personal items at that time. She also stated that three weeks was not enough time to gather everything together and she needed more time. I went back out on the road the next day and after realizing she was not going to return them I had informed her via text message that I will be filing a lawsuit against her. Court date for this civil suit is March 28th.

After working a few more weeks I returned to the area on December 23rd (no contact, text or voice, has been made since December 5th informing her of the lawsuit) for a few days to take care of a few personal issues. A few days later (December 28th) I received a protection order claiming domestic violence. In that protection order, statements were made that were false, unsubstantiated and can be proven to be false. A few of those statements stated that i threatened her children via text message, I was following her and watching her at work, I was following her at lunch, I was watching her at a park at lunchtime, and I was watching her at her home. All these statements are false.

The court date to contest this order took place 14 days later on January 11th. At the court date she did not repeat the statements she had written in the order and when asked by the judge to explain her comments on the order, she simply replied by stating “no threats were made to her children” and “I thought it was him”. Needless to say the judge threw the order out and I was vindicated of these false accusations and was free to go back to work.

The next day I received a text message or “ultimatum” from her stating that she was ok only returning a few of the items left behind and also stated “I didn’t want to file the restraining order but I heard you were in town, saw you and got scared. The last time we texted each other, you were texting my son, demanding your stuff back and I got scared”.

I am seriously considering filing another lawsuit, on top of the lawsuit that already exists, against her for lost wages and hotel costs occurred due to what I feel was simply a malicious and retaliatory filing of the protection order due to my filing of the civil suit.

Can you or are you able to assist me with this or at least guide me in the right direction as far as whether or not I have a case, or not, based on the information I have provided?
 
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ChasingDaylight

Junior Member
Why are you unable to work?
Because I am an otr truck driver which means that if I were to disregard the order and went back out on the road, I wouldn’t have been able to return in time for the court hearing and subsequently would have been found guilty of those false accusations.

And...

My registration for the truck was mailed to the post office which just so happened to be located within the 500 feet of her workplace therefor I was unable to pick it up until after the hearing.
 
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quincy

Senior Member
As a general rule, you cannot be compensated for the time you lost at work when you are pursuing or defending against a legal action.

You can sue for the value of the items being unreasonably held. Have receipts or other evidence available to support the value claimed by you in your suit.
 

ChasingDaylight

Junior Member
No help :(

I am an over the road truck driver and have been dating an individual for about a year. About 2 months ago while I was somewhere between Charlotte, NC and nowhere I received a message from this individual telling me our relationship was over. At that time I informed her via text message that I would pickup my personal items which were at her residence at a later date.

On December 4th I was in the area of her residence and was advised that she had not gathered up my belongings yet and therefor I was unable to retrieve those personal items at that time. She also stated that three weeks was not enough time to gather everything together and she needed more time. I went back out on the road the next day and after realizing she was not going to return them I had informed her via text message that I will be filing a lawsuit against her. Court date for this civil suit is March 28th.

After working a few more weeks I returned to the area on December 23rd (no contact, text or voice, has been made since December 5th informing her of the lawsuit) for a few days to take care of a few personal issues. A few days later (December 28th) I received a protection order claiming domestic violence. In that protection order, statements were made that were false, unsubstantiated and can be proven to be false. A few of those statements stated that i threatened her children via text message, I was following her and watching her at work, I was following her at lunch, I was watching her at a park at lunchtime, and I was watching her at her home. All these statements are false.

The court date to contest this order took place 14 days later on January 11th. At the court date she did not repeat the statements she had written in the order and when asked by the judge to explain her comments on the order, she simply replied by stating “no threats were made to her children” and “I thought it was him”. Needless to say the judge threw the order out and I was vindicated of these false accusations and was free to go back to work.

The next day I received a text message or “ultimatum” from her stating that she was ok only returning a few of the items left behind and also stated “I didn’t want to file the restraining order but I heard you were in town, saw you and got scared. The last time we texted each other, you were texting my son, demanding your stuff back and I got scared”.

I am seriously considering filing another lawsuit, on top of the lawsuit that already exists, against her for lost wages and hotel costs occurred due to what I feel was simply a malicious and retaliatory filing of the protection order due to my filing of the civil suit.

Can you or are you able to assist me with this or at least guide me in the right direction as far as whether or not I have a case, or not, based on the information I have provided?
Guess I know now why this forum is free..
 
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