QUESTION

Do I have a case of Malicious Prosecution/Abuse of Process against my ex?

Asked on Oct 22nd, 2013 on Criminal Law - Oklahoma
More details to this question:
I dated a girl for a short period, 45 days. I met her through a church friend and got to know quite a bit in that short time period. She got me to pay for a surgery to remove a cyst from her leg. She cried about the pain and being a nice guy, I fell for it. I gave a consent letter and she promised to pay me back. Needless to say, she didn't. Although I have a text message where she states she's "paying the bill". I break it off and go on vacation for a few weeks and when I return, I noticed my credit card had been used ($2,500), this time without my authorization. I try and work a payment plan with her but she refuses to accept responsibility. I call my credit card company to report the fraud and after an investigation, they removed the charge. Out of spite, my ex darling gets a restraint order against me for harassment. I, in turn, report the identity theft to my local police. After a court appearance regarding the restraining order, I successfully defended myself and the order was dismissed. Although, she did contact two separate police departments to complain against me while the order was in force. One detective calls me, the other doesn't. The detective that spoke to me had spoken with the other detective and it was their belief that the claims were not credible. Nothing happens to me. Afterwards I sue her in small claims for the original verbal agreement. She brings her sister as a witness to say I forced her to receive the surgery and that the surgery has left her deformed. She also claimed that she is permanently disabled and cannot pay. The judge believes her and decides in her favor. A few weeks later, the police comes to my work to investigate a third claim of harassment. At this point, do have a valid case against my ex for "malicious prosecution" or "abuse of process"?
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2 ANSWERS

It depends upon the record made at the restraining order hearing that you won, but honestly, your best bet may be to run, not walk, away from any further interaction with this woman rather than prolong this with more legal action. You should definitely not file anything else yourself. If there is a legally viable claim that it is not economically viable to pay a lawyer to pursue for you, that is all the more reason to let it go.
Answered on Oct 23rd, 2013 at 12:20 PM

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If the third report was also found to not be credible, consider asking the local prosecuting authority to have her investigated for filing false report. Or, just walk away.
Answered on Oct 23rd, 2013 at 10:05 AM

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