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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27692
Experience:  Attorney with experience in family law.
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In regards XXXXX XXXXX previous problem we are having with the ex

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In regards XXXXX XXXXX previous problem we are having with the ex wife and daughter in law that you helped us with. Is it possible, feasible, or even wize to sue this woman for the false arrests she has imposed upon my son. Some have gone so far to be considered entrapment, yet the attorneys do not seem to be interested in righting the wrongs and are only too happy to hand us thousands of dollars of billings. We are at our wits ends trying to hold our family farm together and are going farther in debt each week. We have tried all avenues we know, as my son has a partime job but cannot get what farming he has left, taken care of timely. What is next? Thank you
Submitted: 5 years ago.
Category: Family Law
Expert:  Lucy, Esq. replied 5 years ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

False imprisonment occurs where a person knowingly confines someone to an area and prevents them from leaving. So, if she put him in a closet and there was no way to get out, that would be false imprisonment. That doesn't apply here. What you're talking about is malicious prosecution.

Malicious prosecution is when a person knowingly files false criminal charges against someone. To win, he has to show that she brought the case, knowing it was baseless, and that the case resolved in his favor. Among other things, he can try to recover attorneys' fees that he's had to pay because of her actions. He can sue for up to $7,500 in Small Claims Court, which is very user-friendly, and he wouldn't need a lawyer. This site has forms, instructions, and other valuable information:
http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=9
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Customer: replied 5 years ago.
In the Walmart case, he was unaware she was there and was arrested and could not walk out if he had wanted to. Before he was arrested, she pointed out to the manager where he was and the manager said, "He appears to be just shopping", she insisted he be arrested, (on a Friday, no judge till Monday), I had to drive 45 miles one way to do his animal chores and check on the house and etc, as he had expected to be home that evening. To prove his innocense in each case, we are talking 20 to 30+ thousand each time. By the way, she contacted my attorney, and other good rural knowlegable, attorneys and that left him to end up with urban attorneys, 85 to 100+ miles away to handle his case. Once my attorney realized and she identified herself after giving him a review of her side, he appoligized to us that he couldn't take the case. It is very doubtful she went to him for a positive reason, knowing he was my personal attorney, as she knew that talking to him before identifying herself thoroughly, that she would destroy his ability to represent my son. Looking back, she with help, prepared and premeditated the divorce, financial and property division, once she found herself pregnant with her "boy friends" child. Sorry, this took time to express myself and it has been very easy to give up, these days. I am self employed and the economy has affected us, so I am not as confident in making decisions as well. Thankyou
Expert:  Lucy, Esq. replied 5 years ago.
I'm so sorry that you have to deal with this. You can bring malicious prosecution suits against her, but you're talking about money that goes way beyond the small claims limits. I hope you can find a lawyer who will help you deal with everything.
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Customer: replied 5 years ago.

You have tried. Yet being of the average middle class, having exhausted our funds,having a part time off farm work that does not pay enough to prepare for the next crop and living expenses as well, who would we turn to? There is pro bono or prose', even that takes time that we are short of with trying to keep our heads above water, there does not seem to be any professional advisors for farmers and self employed rural business. We are not new at our farming and self employment as we will soon, in less than 5 years, be 100year residents of ourcounty ando state and 4 generations on the same farm, and 30 years of off farm and self employment business to have kept our farm growing and going till 10 years ago. We encouraged the 2 sons of the next generation, to go on to college, one has graduated and has a good job and the second will be a senior in college this fall. The second one has worked three jobs to help with his college expenses and both boys got good grades for which we are very thankful for. This education was a portion of our financial position yet it was seeming necessary as their dreams of becoming farmers, too, was squelched by their mother in her determination to destroy their father.

 

At a place on this site you mentioned that my comments could be locked from the publics view, that needs to be done as I feel this is too personal to advertize and sensitive.

Expert:  Lucy, Esq. replied 5 years ago.
If she takes him back to court for family-related issues, like something related to the divorce or child support, you could see if there's a family law clinic at the local law school. They will often have students, working with a licensed attorney, represent those without the means to hire a lawyer.

If she tries filing more criminal charges, then he can get a public defender to assist him. Otherwise, if he has grounds to sue her on his own, he could choose to represent himself. I know it's not ideal, but most lawyers charge by the hour for these types of cases, so the cost, as you've seen, gets prohibitive quickly.

Let me know when you've read this, and I'll ask customer service to lock the entire page.
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