San Jose, CA asked in Domestic Violence and Family Law for California

Q: I have a restraining order in place. The restrained party is retaliating by filing small claims cases every two weeks

And filed a wrongful death lawsuit. 4 cases total in 2 months all lies and each getting thrown out of court. I am having to miss work to appear on these cases and fear losing my job over lies. Can I sue or get respondent in trouble for harassing me with court system?

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1 Lawyer Answer
John Karas
John Karas
  • Domestic Violence Lawyer
  • Temecula, CA
  • Licensed in California

A: If as you say, the case were "thrown out of court" (meaning dismissed), you may be able to sue the restrained party for malicious prosecution if the dismissals were the result of a court determination that the lawsuits were without merit.

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