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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 99450
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I former girlfriend, in 2001, filed an Ex Parte against me

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I former girlfriend, in 2001, filed an Ex Parte against me after I found her with another man and she was "scared". After about two weeks, she accused me of contacting her and we went to court. My attorney did not show due to a mix up on the dates. I told the judge and he said we were going to proceed without my attorney because there was no indication I actually had one. Of course, the following hour was a nightmare as I tried to defend myself unprepared and without representation. The result was 120 days in jail. I appealed and, with an attorney, was released at 46 days. My attorney was able to prove that she actually contacted me and then, when I responded, filed charges.

It's been about ten years but that time of my life still haunts me. I'm wondering what I can do about this. Could I have a case against the state for not recognizing my right to representation? Do I have a case against my former girlfriend for lying in court and putting me in jail for 46 days?

Submitted: 5 years ago.
Category: Criminal Law
Expert:  Ely replied 5 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. Can you please tell me what state this happened in?
Customer: replied 5 years ago.
Expert:  Ely replied 5 years ago.
Thank you for your response. I am afraid that even if you could do anything, the statute of limitations has run out. Because it has been ten years, no civil torts can be brought against either the state or the individual, per Cts. & Jud. Proc. §5 et seq. I am very sorry.

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