How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Criminal Law Question Here...
Ely is online now
A new question is answered every 9 seconds

I former girlfriend, in 2001, filed an Ex Parte against me

Resolved Question:

I former girlfriend, in 2001, filed an Ex Parte against me after I found her with another man and she was "scared". After about two weeks, she accused me of contacting her and we went to court. My attorney did not show due to a mix up on the dates. I told the judge and he said we were going to proceed without my attorney because there was no indication I actually had one. Of course, the following hour was a nightmare as I tried to defend myself unprepared and without representation. The result was 120 days in jail. I appealed and, with an attorney, was released at 46 days. My attorney was able to prove that she actually contacted me and then, when I responded, filed charges.

It's been about ten years but that time of my life still haunts me. I'm wondering what I can do about this. Could I have a case against the state for not recognizing my right to representation? Do I have a case against my former girlfriend for lying in court and putting me in jail for 46 days?

Submitted: 6 years ago.
Category: Criminal Law
Expert:  Ely replied 6 years ago.

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

I am sorry for your situation. Can you please tell me what state this happened in?
Customer: replied 6 years ago.
Expert:  Ely replied 6 years ago.
Thank you for your response. I am afraid that even if you could do anything, the statute of limitations has run out. Because it has been ten years, no civil torts can be brought against either the state or the individual, per Cts. & Jud. Proc. §5 et seq. I am very sorry.

I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work; I receive no credit for my time with you until you actually press ACCEPT. If you still need to clarify something or seek more information, just use the REPLY button and I’d be more than happy to follow up to your satisfaction! There is no fee for follow up questions before or after accepting, should you wish to continue in the thread, and I encourage you to do so should you desire clarification.

If you feel that I went an extra step to help, a bonus is always appreciated!

While the legal system tries to be inclusive of every possibility, sometimes, people are morally wronged but have limited legal avenues to seek relief. If so, please understand that this is not the expert’s fault (in other words, I prefer to tell you the truth rather than tell you what you want to hear, so if the news is not good, please do not shoot the messenger).

You can always request me for a future advice through my profile at…

…if you do this, make sure to begin the question with “This Question is for Eli…”
Ely and 2 other Criminal Law Specialists are ready to help you