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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 113544
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I WAS ARRESTED A NO CONTACT ORDER THAT A JUDGE

Customer Question

I WAS ARRESTED FOR VIOLATING A NO CONTACT ORDER THAT A JUDGE HAD CHANGED TO A NO HOSTILE CONTACT ORDER MORE THEN 2 YRS LATER. THE OFFICER TOLD ME THAT'S WHAT THE COMPUTER SYSTEM READ.WHEN HAVING A VIDEO COURT AFTER BEING BOOKED THE JUDGE NEVER OPEN UP MY FILE TO SEE WHAT THE VERY FIRST JUDGE HAD ORDERED IN THIS CASE,{1. AM I IN MY RIGHTS TO FILE A TORT CLAIM? {2. SO WHAT WOULD ONES FREEDOM BE WORTH BEING LOCKED UP WHO HAS BEEN WRONGLY ARRESTED BY THE DAY? {3.OR CAN I SUE THE JAIL FOR MORE THEN WHAT WOULD BE A FAIR MONEY PAY OUT ON A TORT CLAIM? THIS IS THE QUESTION THAT I AM HAVING A HARD TIME WITH.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The jail is not at fault in this, they only held you because of the court order. The person who filed the contempt of court charge is the one who is liable for filing the false complaint against you for the violation.
As far as the judge, you need to appeal the hold and get that overturned first. Then your suit would be against the officer who arrested you on the order as well as the person who complained about the violation for not properly reading the order and knowing that it was not violated. The judge is immune from suit by law, so it is not going to be possible to sue the judge.
The value of the case against the officer and the person who filed the complaint would depend on how long you were held improperly, but typically a false arrest and a false complaint by the alleged victim can be worth anywhere from $1000 per day to a total of maybe $50,000 for the incident itself. That is just a general estimate based on the very basic facts you described.