QUESTION

Is the case valid even if the complainant used a wrong address?

Asked on Dec 04th, 2013 on Personal Injury - South Carolina
More details to this question:
My daughter was served a temporary restraining order and the address the person charging her used is incorrect. It's not their residence. Can that be used to dismiss the case, and is the order valid? Can we intern (seeing that my daughter is a minor) sue for personal injury/ defamation of character?
Report Abuse

6 ANSWERS

Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
Update Your Profile
The order is valid and it will not be dismissed because of that. You could try suing for defamation, but remember truth is a defense and if the allegations are true, you will lose.
Answered on Dec 09th, 2013 at 5:30 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
No. The key phrase is that your daughter "was served a temporary restraining order". The fact that she was served is what counts. Technical errors are not going to make any difference.
Answered on Dec 09th, 2013 at 5:29 PM

Report Abuse
Ronald A. Steinberg
The TRO is valid.
Answered on Dec 06th, 2013 at 7:03 AM

Report Abuse
The court will overlook minor mistakes, such as putting down a slightly wrong address or misspelling of a name. If she is forbidden by the order from being within a certain distance from an address, which is a incorrect address, then she probably is only forbidden from that specific address, although a judge might still get angry and state she knew what was meant. If someone has gone to the trouble of getting a TRO, then that is not a person your daughter wants to be near. So it is wisest, no matter the legality of the TRO, to stay away. You can not sue for your daughter, except perhaps if you are appointed her legal guardian [your being her parent is not enough]. Filing a legal action by itself is not libel; you would have to win on the permanent TRO and show it was totally without merit. So a suit for defamation likely would be unsuccessful.
Answered on Dec 06th, 2013 at 7:02 AM

Report Abuse
Lisa Hurtado McDonnell
Address doesn't matter. I would not recommend you waste your time and money of sue for deflation it a difficult lawsuit to win and lawsuits are very expensive. .
Answered on Dec 06th, 2013 at 7:02 AM

Report Abuse
Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
Update Your Profile
Normally, the court cannot issue a restraining order without a hearing. While I cannot answer your question without reading the papers, I would think the papers are not an order, but are a petition asking the court to issue a restraining order. The papers probably have a date for a hearing. If the Petitioner used the wrong address, this is probably not grounds to dismiss the case, and if an order was issued, it is likely valid. Even if an invalid order was issued, I do not think it would be grounds for a lawsuit.
Answered on Dec 06th, 2013 at 7:01 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters