Dear Customer, thank you for choosing Just Answer, I would like to assist you with your legal problem today. Unfortunately, there are very few situations that allow you to recover attorney's fees from the other side: (1) if it is permitted by statute, and (2) if you have a contract that you are suing over with an attorney's fees clause for the prevailing party. In domestic violence claims neither of these will apply and you will be unable to sue your wife for the attorney fees you incurred. I do wish I had information more supportive of your position, but I do want to give you an accurate statement of the law so that you can act accordingly.
If you have any questions please do not hesitate to ask, I will follow up promptly. Best regards Bill.
what about the hotel fees
Dear Customer, I see that you have rated my service poorly, I would like to assist you as best as possible, is there anything I can address to make your experience satisfactory?
There is no basis to recover hotel fees in this situation, the legislature has made a public policy determination in favor of protecting those families that are subject to legitimate abuse at the expense of those individuals that are accused improperly. This means that even though your spouse withdrew her claims, you do not have a cause of action against her for those expenses.
If this were a recurring event (usually requiring 3-5 times, but there is no set number) you may be able to bring a cause of action for "abuse of process", but a single incident would be insufficient.
A cause of action for abuse of process in North Carolina requires proving that the action was instituted as a willful act with an ulterior motive (i.e. not for the purpose of the actual litigation). You can attempt to file this type of action, but the standard is very high, I do not know what the facts of your case are, and if you are still married, I do not know how effective your collections will be.
So in the end of all this. I am out of a lot of money and nothing happens to her? Can I call the DA and have he arrested for filing false charges against me.
Unfortunately yes, you are out a lot of money. You can contact the District Attorney regarding the false report, but have reasonable expectations, these types of cases do not often result in prosecution for false claims of domestic violence, but that does not mean you cannot call them anyway.
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