Summary
If someone files a false protection order against you, you may consider legal actions like malicious prosecution or defamation. Malicious prosecution requires proving the case ended in your favor, was filed with malice, and lacked probable cause. Defamation involves proving false statements harmed your reputation. If you were not notified of a hearing, you might file a motion to set aside the judgment due to lack of notice. If the order was filed in another state, address it in that states court system. Contact the Nebraska court for guidance on setting aside the judgment.Full Conversation
Someone I know in NE filed a false protection order against me, I live in Kansas. can I file anything back on him for filing false order against me?
Hello ****! I understand your situation. In Kansas, you may consider filing for malicious prosecution or defamation if you believe the protection order was filed falsely. Here are a few things to consider:
- Malicious prosecution requires proving that the action was brought with malice and without probable cause.
- Defamation involves proving false statements that harmed your reputation.
Would you need more details on either of these actions?
yes
Sure, ****. Here’s more information on both:
- **Malicious Prosecution**:
- You must prove the case ended in your favor.
- Demonstrate there was no probable cause for filing.
- Show the case was filed with malice.
- **Defamation**:
- Prove the statements were false.
- Show the statements were made to a third party.
- Demonstrate harm to your reputation.
Would you like assistance with gathering evidence or filing a claim?
what do you mean by You must prove the case ended in your favor.
In a malicious prosecution claim, "You must prove the case ended in your favor" means you need to show that the false protection order case was resolved with a final judgment or dismissal in your favor. This is essential to demonstrate that the initial claim was unjustified.
I don't have that because I was never notifed of a hearing . all i got was papers on what is filed and what the judge decided on
****, it seems you were not notified of the hearing, which could be a procedural issue. You might consider filing a motion to set aside the judgment due to lack of notice. Would you like more information on how to file this motion in Kansas?
sure
~Filing a Motion to Set Aside a Judgment in Kansas~
*. **Draft the Motion**:
- Clearly state the lack of notice and any procedural errors.
- Include your personal information and case details.
*. **File the Motion**:
- Submit it to the court where the judgment was issued.
- Pay any required filing fees.
*. **Attend the Hearing**:
- Be prepared to present your case and evidence.
Would you like details on your local court for filing this motion?
it was filed in a different state
****, if the false protection order was filed in a different state, you would need to address it in that state's court system. You may need to contact the court in Nebraska where the order was filed to inquire about setting aside the judgment due to lack of notice. Would you like the contact details for the Nebraska court?
yes
~Nebraska Court Contact Details
Nebraska Judicial Branch~
- **Phone**: (*) *-*
- **Address**: * K Street, Lincoln, NE *
- **Website**: [www.nebraska.gov](http://www.nebraska.gov)
Please contact them to inquire about the process for setting aside the judgment due to lack of notice.
thank you
You're welcome, ****! If you need any further assistance or have more questions, feel free to ask. Good luck with your case.
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