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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89631
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My ex-partner told the police, her lawyer and the court terrible

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My ex-partner told the police, her lawyer and the court terrible lies to have me removed from our home and 3 children. A CPO was served to me after she used her background in mental health to have me involuntarily committed to a psych floor in a local hospital. All of her allegations were false. I was released from the hospital 30 hrs after being admitted because I was fine. 64 days and 2 hearings in domestic violence court, all charges were dismissed and I was reunited with my children. I never had to present my defense in court. The magistrate dismissed the case immediately after her last witness testified (her current love interest). I have never been allowed back in my home to retrieve my things. I was taken off (and subsequently b/c of court order put back on) all communications, including emergency contact list, from our children's schools. I nearly lost my nursing license during all of this. If you google me for background info anyone can find information saying I was a defendant in a domestic violence case. Only if you look deeper into the case will you find it was dismissed. All of our friends, family and school personnel know about it, and even though the case was dismissed, people have formed opinions about me. It has been terrible for me (and our children). Financially I have struggled since being removed from the house. I was the stay-at-home parent for 3.5 yrs prior to being put out. I had no job, no money, no clothes, no car and no home when released from hospital. I have maxed out my credit cards, borrowed money, taXXXXX XXXXXd-me-down clothes to get by. Do I have any legal recourse in this situation. I have NEVER hurt anyone in my life. She is a LiSW. She brought her best friend (another LiSW and hospital intake counselor), a mental health rep, 2 police officers, an ambulance and her father to our house, our neighborhood while the boys were in school. I felt like I was in a movie.
Submitted: 1 year ago.
Category: Legal
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.

I am sorry to hear you were victim of someone who chose to abuse the system to achieve what they were seeking in a custody hearing.

Now that you have had the case dismissed and you have the proof you need to prove that she abused the system and made false claim against you, your next step can be to file suit against her for malicious prosecution and/or abuse of process for her filing false charges and for putting you through this and causing you financial damage as well as emotional harm. This is your legal recourse against her to make her responsible for what she did to you in abusing the domestic violence system.




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Customer: replied 1 year ago.

Thank you for your quick response. What type of attorney do I need to seek out for this type of thing? How much will it cost? Do you think it is worth going after her? What about her LiSW license? I have been told that she violated her license doing what she did. I don't want to jeopardize my children's livelihood, but she is a child therapist herself. I have no idea why, after 10 yrs and 3 children, she would be so malicious. She is holding my things in her house (our house for 8 yrs) until she is satisfied with the shared parenting plan including custody. I am a woman so this is harder than imagined with little to no rights. Fortunately, I have custodial rights which has permitted me access to the 3 boys (all conceived together via IVF).

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

You would use a regular family law attorney or general litigation attorney. If she is a LiSW, then you need to report her false complaint to the SW licensing board as well. It is a violation of the SW licensing to make false claims of abuse.

You need to sue her for those damages she caused and also for "replevin" which is the return of your property.
Customer: replied 1 year ago.

This all started Oct 24, 2012. Is there a time frame in which I have to act upon any legal action?


 


 


 


 

Customer: replied 1 year ago.
Relist: Other.
Is there an Ohio who would know more specifically my recourse? I have an attorney, a passive one, who says that b/c our house is in her name I cannot get any of my things back (possessions, heirlooms, financial and personal paperwork).
In addition, my lawyer says that it would be a waste of time to sue her for any tort violations. I do not believe that is true.
Expert:  Law Educator, Esq. replied 1 year ago.
You have 1 year to file the suit against her and the complaint to the SW board. That is one year from the date everything was dismissed as false.

Second, if your attorney is telling you that you cannot get your property out of her house, get a new attorney, since you have an absolute right to get your personal property and you need to file a motion in the court for "replevin" and "conversion" the two torts for improperly holding your property and return of your property.
Customer: replied 1 year ago.

I am sorry to keep bugging you, but you know a lot. Would legal aide take on something like this? Or do you think I should wait until I can afford an attorney (which could be awhile). If I were able to get even some of my property out, I could sell some things to accrue the funds.


I was removed from house 10/24/12 and the case was dismissed 12/20/12 after 2 continuances. I was not allowed to see or speak to our 3 young boys (5 yrs old and 3 yr-old twins). Her attorney is aggressive which only feeds my ex's hubris.


My attorney is more interested in making "legal history" by negotiating a "successful" parenting plan between a same-sex couple. In the meantime, I have very little money, am depressed and have had to count on others to help with our meager furnishings. My boys and I sat on the floor of our new apartment for 2 months before we received a hand-me-down couch. I still have no bed. Christy, my ex, has wrecked my reputation among those who do not know me. Don't get me wrong, I am a survivor and will recover from this. I just can't seem to catch up financially and am constantly told to acquiesce to Christy's demands. Christy is now claiming I owe monies toward "marital debt," not taking into the the overall pic that if we have "marital debt" we must have "marital assets" such as the over $100k in equity in the house WE built together.


Do you have any suggestions on how I can get started with very little money? I did inquire into a friend-of-a friend who is attny, but her retainer is $1000. I am at a loss.

Expert:  Law Educator, Esq. replied 1 year ago.
You are not bugging me. Thank you for your follow up.

Legal aid might take the case, but they are so overworked that they find excuses not to take a case, like you had a private attorney already. Thus, you may have to get yourself a new private attorney or call the state bar and ask them for pro bono attorneys in your area who would be willing to help you.

I understand the bad situation these types of false allegations put people in. The $1000 retainer is actually fairly low for retainers, so you friend of a friend was doing you a favor. You do have marital assets that need to be divided on top of your claims against her for filing false charges against you and on top of you filing a complaint with the social worker's board for filing false abuse complaints.

You really need to shop around and get yourself an aggressive attorney yourself, this is the best way to fight someone like this.
Customer: replied 1 year ago.

Paul, thank you. I feel like I have been talking to an experienced lawyer with my best interest in mind. Thank you for taking so much time with me, especially on the holiday weekend. I will highly recommend you. Enjoy your day! Dawn

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much. Please do not forget to click on excellent service feedback as that is the only way that the experts receive any credit for the time they spend working with customers.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89631
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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