Sunday, February 7, 2010

Can I sue if there was a warrant for my arrest on false charges?

I live in Texas, my ex-wife lives in Virginia. The summer of 2007 she filed a complaint that I didn't return my son when she wanted me to. I have visitation rights for the entire summer, 5 days after school begins and 5 days prior to school starts. School for him in VA started on Sept 4, 2007, I returned him on August 28th. She wanted me to return him on the 18th of August. I find out a year later that there was a warrant out for my arrest for interferring with child custody. I had to fly to VA and turn myself in, be arraigned and return for a court hearing a month later all to have the case dismissed because there was no violation. The Magistrate signed a warrant without investigating the matter and based the accusation on my ex-wife statement. Can I be compensated for my out of pocket expenses and mental anquish?Can I sue if there was a warrant for my arrest on false charges?
You have recourse with your ex, because of her actions.





The only recourse with the magistrate and the court system is if you could prove they acted with malice towards you.Can I sue if there was a warrant for my arrest on false charges?
You may have recourse if you can find the right atty.and the right Judge. The unfortunate thing is that these guys have an immunity clause built into the system they work for. Often, citizens can't sue and win because of that immunity they are afforded. However, if you can find a Judge that will even hear the case, you may be able to sue. Not sure if you can win, though. I had a similar circumstance happen where the police caused me undue grief due to their negligence, but the jury was the problem and I lost the case. However, the Judge did tell me afterwards that I would have faired better if I would have tried it to the court instead of a jury. Judges have to decide based on the letter of the law, not personal speculation like a jury (who are usually uninformed).
You'd probably have to sue your ex in civil court for filing a false report. The investigator should have done a better job, but it's unlikely that they would be liable.
You could sue the ex, claiming malice when she made the complaint.
hmmm good luck with that drama








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