Skip to main content

False arrest for 209A violation. Police misconduct. Lawsuit?

Ex girlfriend has 209A restraining against me which includes vacate order (one unit in MY multifamily) and no contact order. It's been modified as to allow me to go back to my house to get my belongings "in company of police" or with "police escort" and to make repairs to my other unit in the multi family without police presence. Eventually I evicted her and she had her lawyer tell in writing me she would be vacating my house on the day before I was to get the execution order.
Two days before I got the execution order, I went to my house and discovered my basement was vandalized and many of my belongings were stolen from the basement. I documented this and went to police station, and they told me to call 911. I decided to wait until I had the execution in hand before I went back to my house. On the day I had the execution, I called a neighbor and told him I was going to call the police and report the damage and theft. My neighbor told me that my ex was in my home taking more stuff. I immediately called 911 and reported what was going on. I gave the police a description, my name, phone number, and told them I was on my way, as I was across town from my home.
I arrive on the scence 15 minutes later to see her still packing my stuff in a car with another man and a police officer right there.
I explain the situation to the police and more cops arrive to question me about my 209A order. After an hour of arguing with police about my right to be there, they arrest me for violating the order.
(Malice?)The police claimed I was on the scene when they arrived and there was nothing observed in my home that needed repairs. However, I already presented the pictures of the damage to the court days earlier and emailed the photos to myself. Also im sure I can prove I was across town with phone tracking info.
I was released when I went to court, and there was a lot of talk about the police not having probable cause because I had the right to be there and my ex was a trespasser.

Do I have a case for a lawsuit?

Talk to a General Law Practiceyer Today
Most offer FREE Consultations