What Counter-Actions Should I Consider?

 

Some persons believe the best defense is a strong offense. In domestic violence cases, this may or may not be true, depending on the facts of your case, how much money you are willing to spend, and the legal climate in your jurisdiction.

Some actions are appropriate to use during the resolution of your case, while others apply after your case has been finalized. Keep in mind that such an action can be psychologically draining, so consider the pro’s and con’s carefully with your attorney.

There are some types of counter-actions and complaints to consider:

  1. A counter restraining order.
  2. A civil suit for intentional infliction of emotional distress.
  3. A complaint to your state’s judicial commission.
  4. If you were falsely arrested, a lawsuit for false arrest.
  5. A criminal prosecution for perjury.

1. Counter Restraining Order

If the false accuser has engaged in partner abuse, as defined in your state, you should request a counter restraining order. But remember, you need to have a valid claim — you don’t want to file a counter-claim that appears to be retaliatory. If the judge denies your request for a counter restraining order, you should file an appeal.

2. Civil Suit for Intentional Infliction of Emotional Distress

You may want to consider a civil suit for intentional infliction of emotional distress. Consult with your attorney.

3. Complaint to your State’s Judicial Commission

If you believe the judge acted improperly, consider a complaint with your state’s judicial commission. State judicial commissions are independent bodies with the power to investigate complaints against judges, conduct hearings, and take necessary actions. To find your judicial commission, do an Internet search on the words, “[name of your state] judicial commission”.

4. Lawsuit for False Arrest

States have laws against making false arrests. If you were wrongfully arrested, this is a tactic to consider.

5. Criminal Prosecution for Perjury

Every state has laws that ban perjury. Unfortunately, prosecutors are reluctant to go after false accusers. Unless the allegedly abusive incident is caught on videotape, don’t waste your time on this strategy.

Remember, knowledge is power. Don’t let your guard down. Pick your battles wisely.

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