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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 16189
Experience:  Licensed Texas General Practice Attorney
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Can I sue someone a restraining order on me? I am a aunt to

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Can I sue someone for having a restraining order on me? I am a aunt to a child I practically raised and in a custody battle (not being named in the case) I was court ordered to not be within 1000 feet of the child. There is no basis for this other than the people are mad at me for writing a statement. Do they need legal standing? Can I sue for defamation of character or something along those lines? Would there be a statute of limitations?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm very sorry to hear about your situation. You wouldn't have standing over the custody matter, but you could seek to have the restraining order "quashed" or dismissed.

This wouldn't legally be defamation because of the "judicial proceedings exception" in defamation law. That is, things that are said in court, as part of pleadings, etc..., are "privileged" from being defamatory statements. If you could prove that they made some sort of false statement of fact outside of court, to a third party that resulted in quantifiable economic damages, you could then have a case for defamation. But there's not a cause of action for defamation related to applications for restraining orders (due to the judicial proceedings exception). Because there's not a lawsuit that you can bring, there's no statute of limitations.

The only thing that you could do is seek to quash / dismiss the restraining order. Other than that (and I'm really sorry to say this) you wouldn't have recourse against the parents that sought the order in the first place. The right to petition the government for redress of grievances (i.e. sue someone) is pretty fundamental, and courts don't recognize a separate cause of action that you can sue someone for bringing a legal action against you.

I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Was there anything else? Again, please note that this question remains open until you rate it 3 or more stars on your screen.

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