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I am sorry to hear about this situation.
1) If the restraining order was dropped, then it is no longer an issue. Most employees
- the vast majority - do not check the civil record of a person and only the criminal record. Even if they check the civil record, since the restraining order was dropped, the record confirms that this was filed needlessly
and thus becomes an non-issue. All one has to do is say "right, that was a crazy neighbor of mine and the Judge quickly threw it out of court" and that pretty much settles that.
2) Someone in your situation still has the option of pursuing civil relief for her actions, however. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
3) Here, one may have enough for the following causes of action:
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: One who by extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another is subject to liability for such emotional distress and for bodily harm resulting from it. Alsteen v. Gehl, 21 Wis. 2d 349 - Wis: Supreme Court 1963
: The elements of a defamation claim are: (1) a false statement, (2) communicated by speech, conduct, or in writing to a person other than the person defamed, and (3) the communication is unprivileged and is defamatory, that is, tends to harm one's reputation so as to lower him or her in the estimation of the community or to deter third persons from associating or dealing with him or her. Hart v. Bennet, 672 NW 2d 306 - Wis: Court of Appeals 2003
: want of probable cause for the institution of the former proceeding, malice by the other party, and the former proceeding is dropped. Yelk v. Seefeldt, 35 Wis. 2d 271 - Wis: Supreme Court 1967
ABUSE OF PROCESS: Where legal procedure has been set in motion in proper form, with probable cause, and even with ultimate success, but nevertheless has been perverted to accomplish an ulterior purpose for which it was not designed. Strid v. Converse, 331 NW 2d 350 - Wis: Supreme Court 1983
. In order to maintain an action for abuse of process, the process must be used for something more than a proper use with a bad motive. The plaintiff must allege and prove that something was done under the process which was not warranted by its terms. The existence of an improper purpose alone is not enough, for this improper purpose must also culminate in an actual misuse of the process to obtain some ulterior advantage. Id
(internal citations omitted).
The Court may award actual damages, punitive damages
, and injunctions from her contacting you.
And NO, one does not need to stay in the home if the restraining order was dropped.
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