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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 115462
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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A few months ago two of my adult children attempted to have

Customer Question

A few months ago two of my adult children attempted to have me baker acted. Police came and did not agree with children and did not pick me up, then one of the two older children filed for ex parte, I was released at the very first hearing with out any for follow up. The the two siblings individually filed restraining orders on me and success ed with permanent using a court appointed attorney that during the hearing was also assigned to the second sibling for her use. I did not have an attorney and could not afford an attorney and was not offered one by the judge. There was not one truthful statement by my siblings to obtain the injunction on me. I am 81 years old and never abused my children however I fired my son from my company with cause which erupted into all the above. Part of my questions are did the court or judge make any errors or injustice taking away my legal rights. Please review my short synopsis to see if I have any legal recourse or action I might take. Ray
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year 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.
If you have evidence of their false statements, you can sue them for the tort of malicious prosecution and seek damages against them. You would need a elder law or general civil litigation attorney to pursue them in tort. Before you can do so, the elder law attorney would have to file to vacate the order and present evidence in the court to prove the false information on the injunctions and once the court vacates the order, then you can go to court and sue for damages, including attorney's fees for their maliciously prosecuting you for these injunctions/protective orders.