Q: abusive ex filed fraudulent tro vs me. After I responded and hired attorney, he signed a dismissal with prejudice.
The court returned dismissal filing citing procedural errors, and held hearing re dismissal. Plaintiff did not show up and court called him by phone. Commissioner dismissed without prejudice, either by error or because she didn't want to dismiss with prejudice? My attorney said nothing at hearing. He said he was afraid to say anything? my attorney filed into case the signed agreed dismissal WITH prejudice, and served conformed copy on plaintiff. Which order is the ruling order? With or without prejudice? I want to file for costs as his filing was false allegations, he used the court to further abuse me ( I was abused party, and had letter from Womens shelter verifying I received counseling there for abuse from the plaintiff who filed vs me when I was never abusive to him). My attorney said I should file for RO vs ex instead of filing for costs? I don;t understand why commissioner ordered dismissal without prejudice if she knew he had signed a dismissal with prejudice? I am confused.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.