Q: Do I have a lawsuit against police If wrongly arrested for Dv with restraining order. He had scratches and 1 bite mark
I had 2 bite marks scratches and 2 balled spot of hair missing defending myself .And our 3 month old baby given to an intoxicated father who was almost allowed to drive off until the grandma complained he was drunk. Given a breathalyzer failed it and instead of leaving the baby with the grandmother allowed the intoxicated father to still take the baby with a ride. Mind you he was about to drive away with the baby, pulled his car up to put baby and car seat in the car . If my mom hadn't said anything that's exactly what would have happened. I was not the aggressor . I finally got my baby back after a month. After mediation. Body cam footage how's him given breathalyzer. Shows that I was fully compliant. But he spoke to the father first because he was waiting outside my home for them to arrive. He was not even the person who called the police. My mother called for me when she arrived because I called her when the incident happened. I have court for Dv in January. He also had exp tags.
A:
i assume you are getting a divorce? If so ask for advice from that lawyer.
Whenever there is a DV call, the officers will arrest one party.
You can always sue anyone, but I would bet no lawyer would take it on a contingency.
That means you would have to pay a lawyer on an hourly basis.
Please note there are statutes of limitations that require notice to a government entity in a short time.
It sounds like the cops were presented with a situation where they didn't know who to believe. A lawyer would have to review the police report.
1 user found this answer helpful
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.
