false arrest by ex wife

[billbruce]

What is the name of your state? arkansas
I was recently divorced(sept 1 2005) I have a 6 yr old son.I have been fighting my ex ooth and nail to have visitation with my son.Before the divorce my ex got an order of protection.On the order she had my son's school put on so I couldnt go near it.When we got the divorce on sept 1st. one of the things the lawyers and judge worked out was they took my sons school off the order of protection so I could go to school activities and go to his school and have lunch with him.That was almost 3 weeks ago.on sept.15 I went to my sons school and had lunch.The next day was my weekend for visitation.I went to the police station to pick him up (thats where we do the exchange)when I got there 2 officers came out and arrested me for violation of the order of protection.It was because I went to my sons school and had lunch.I spent the night in jail.Had to post a bond and had my truck impounded.She knew at the time she had me arrested that I was allowed to go to the school,but she told the officer that I wasn't.It's been almost 3 weeks since we got the divorce and still haven't got my papers yet.She has obey all the other things that we worked out at the divorce.Can I do anything to her for haveing me arrested when she knew I was allowed at the scool.As soon as I get my divorce papers it will be on there.She knows it is.Whats my recorse?

 

[Cheri9]

It appears that you do NOT have a recourse until you can get the divorce decree stating that you were allowed to go to your sons school. Even then it is uncertain if you can do anything to your Ex. It may be that her mind was elsewhere or she did not hear when the judge made that statement. I hate to sound negative but when you are dealing with legality, you have to have proof (documentations - in your case a court order) to support or defend you.

In the meanwhile, it would be in your benefit if you stayed away from the school until you can get the court order. Also, try to be happy...life is too short and uncertain for unnecessary bickering. Forget, about your ex wife or trying to get even...just move on and try to stay calm and relaxed.

Don't Worry....Be Happy!!!

 

[billbruce]

My lawyer called me this morning and said he faxed a copy of the divorce over to the prosecutor and he threw it out of court.It turns out,what the ex did was take the old order to the police station to get me arrested.She didn't tell them there was a new one. should at least be able to get the money back I had to post for bail and the money to get my truck out of empoundment.And then some.

 

[billbruce]

arkansas,Can anyone give me any info on weather I can sue her.What she did was bring an order to the police station that was made before our divorce.She failed to tell them there was a new order in effect.Two days after I got out of jail,the DA threw it out of court because he saw the new order.So,she had me thrown in jail even though she knew I was allowed at my son's school.