Complaint for Malicious Prosecution & Atty Fee's

I suggest that you contact the clerks office and see if you can get a transcript of the previous court hearing. There may be a small fee. I think that it’s possible that you may end up with the same judge, at least I know they do in family court. That would be great news if you did.
Go through the transcript. Highlight the judge’s comments about the ruling and the evidence. Highlight the judge’s ruling on you paying court costs.
Go through the papers you were served and “answer” in your own words in writing all the allegations. If he has added facts, then make sure that you have proof showing otherwise. If he embellished the facts, then make note of it. If you did not actually harm his military career then highlight where the previous judge ruled on that motion.
Have someone you trust look over all this, since you do not have an attorney. Make copies of all this. Send originals to his attorney.

In the mean time, find that evidence that the judge suggested should have been submitted on the original court day. He’s able to claim “malicious prosecution” because he was not found at fault in the original case and since the evidence was not produced, he can say that you made it up to get back at him for whatever reason…since his career did not actually suffer though I’m not sure what he hopes to gain from this.

Make sure that when/if this does go to court, you address the judge about the attorney’s fees. Make sure that the court knows, if you had the money for attorney’s fees you could afford your own attorney. That the original filing was out of fear for you and your son’s safety and that there was no malicious intent. You have to show that you were not specifically trying to ruin his career…
Make sure that you take a parent, a friend or another family member with you for moral support. No one should have to go to court alone…

I found out because I did not apply for the DVPO on my own, I actually went through my county’s SAFE program and they are the ones that told me to submit the paperwork for an ex parte order I am insulated for being some rogue using the system out to get him.

I am getting notarized statements from my uncle (that had lived with us), my grandmother and my mother discussing what they have witnessed and what he has told them over the phone and via email: removing the guns from the house because he is scared what might happen, that he admitted he has anger issues and acts rashly, that he might be bipolar but won’t get help because he is too worried about his military career, the mood swings and motional outbursts my uncle has witnesses, ect…

These statements will support my probable cause for why I attempted to get a DVPO. If they could have made it to the hearing I’d have one now… anyways.

I am getting copies of the paperwork from the case. I looked it over, but I am getting an entire set to include the denial of the motion for relief.

I am including a copy of the Lautenberg Amendment to show its discussion of a misdemeanor conviction - this was a civil not criminal action, charges were never filed.

I may be able to stop this from going to court. He was vague and never listed an actual dollar amount, he basically is asking for a HUGE open check. It is also a choice to hire an atty, I did not have one. That will be mentioned. The judge is very accomodating and helpful when you are without counsel in family/domestic court.

I’m tired of the games. I want it all to stop. But I’m not budging, he has to see he can’t control or manipulate me anymore…

It is so funny that the man that bought a Rolex brand new since we have split up has to get money from his ex that only makes $10 an hour… he makes over $5,000 a month. If he was truly worried about the well-being of his son, would he be attempting to take money from his mom’s pocket? Money that supports him?

I wish that I could assist you with this matter but unfortunately I do not deal with civil personal injury issues. I do wish you the best of luck.

P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit for details

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

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301 McCullough Drive
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Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

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Durham, NC 27713
Phone: (919) 321-0780


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2 Sep 08 I went to court trying to get a civil (not criminal) DVPO to keep my ex (we were still married at that time) away from me and my son (his step-son.) The judge dismissed my case, but made it clear he would have ruled diferently if all the available evidence had been submitted on that day. My ex and his atty (I represented myself) made a motion for releif for me to pay his atty costs, the judge denied the motion.

Today I was served papers a “Complaint for Malicious Prosecution and Attorney’s Fees.”

They are trying to get me to pay the fees for that case and this one. They have embellished and added “facts” under the guise of “he believes to be true” on what was the basis of the ex parte for the DVPO. They are also claiming I almist ruined his military career due to Lautenberg (Lautenberg did not pertain because he was not being tried for a misdeamnor or felony charge related to domestic violence - it was a completely civil, not criminal case) and they completely fail to mention that a District judge has already ruled on a motion pertaining to this. What do I do now? I have 30 days to reply and I can’t afford an atty so it is all me.

Ugh… and he doesn’t call this harassment.