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I live in Multnomah County, Oregon and was issued a domestic

restraining order which became public...
I live in Multnomah County, Oregon and was issued a domestic restraining order which became public and kept me from certain establishments I enjoy (the other person involved never patronizes these establishments- he did it out of depite). Once I contested the restraining order and received a copy of the police report, it clearly showed on the restraining order that he provided inaccurate and false (lied) just in order for a judge to approve the restraining order. Once I showed up to court today to have a hearing or have the restraining order dropped, the other party never showed up so it was dropped. I asked the judge what I could do because he lied on the restraining order, as I have proof because of the police report that was written up AND witnesses. However, the judge said there was nothing she could do about him perjuring himself to get the restraining order. What can I do now? I don't want him to get away with what he did and regardless that it was dropped, it is still public record.

Thank you,
Sean
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Answered in 8 minutes by:
5/30/2013
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation. Actually, that is not true - there is something you can do.

The Judge cannot give you legal advice, so they refrained from telling you specifics. However, you do have an option of pursuing the other party in a civil suit due to the false statements.

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.

Here, this may be enough for defamation and malicious prosecution.

A plaintiff who sues for defamation must generally prove three things: (1) that a defamatory statement was made or communicated; (2) that the defamatory statement was published, and (3) that the defamatory statement caused the plaintiff to suffer damages (hatred, contempt or ridicule, or tend to diminish the esteem, respect, goodwill or confidence in which one is held or to excite adverse, derogatory, or unpleasant feelings or opinions against one). Newton v. Family Federal Savings and Loan Association, 48 Or App 373, 376, 616 P2d 1213 (1980).

Malicious prosecution exists when the defendant filed the false litigation for some other (i.e., unjustifiable) primary purpose (Ledford v. Gutoski, 877 P. 2d 80 - Or: Supreme Court 1994) such as to harass, annoy, or otherwise demean.

Along with this, punitive damages may be requested.

May I recommend the Oregon Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 102,694
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer reply replied 4 years ago

Is there nothing the judge or anyone could do legally? He perjured statements on the restraining order just to get it approved. I actually appeared in front of the judge that signed off on it and she told me no and to speak with an attorney. The only problem is, attorneys cost money and I am not aware of any that would take a case like this on a contingency.

Friend,

Hmm, likely not, I am afraid. The Judge may AT THEIR DISCRETION hold them in contempt for this, but, the Judge seems not to want to do so. You can file a police report for them "filing a false police report," but it is their word against yours, and the authorities may decide not to charge them because the burden of proof is very high in criminal court (beyond a reasonable doubt) and they may not convict them.

But in civil court, the burden of proof is lower (by a preponderance of the evidence).
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Ely
Ely
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