QUESTION
Can I sue in small claims court for defamation of character, attorney fees resulting from a false police report made?
Asked on Oct 22nd, 2013 on Personal Injury - Oklahoma
More details to this question:
March 2013, judge in circuit court, grants me, on the record, permission to go into my house I own jointly with my husband on a date and time we all agreed upon to get my property out of the house. The girlfriend of my husband was ordered NOT to be present during this event. I go to the house on the appropriate date and time. I had a court order that I could go INSIDE my house. So, I walk inside and there is the girlfriend. Girlfriend immediately attacks me and screaming at me. I kept my hands in the surrender position the whole time and attempted to evade her. Next thing I know, she strikes me with her hand on my neck, causing visible wounds. I never touch her once. I call the police immediately and go outside to wait for officers. Officers arrive, I show them my neck and gave them a written witness statement along with my brother's who witnessed the entire thing. Officers go inside the house to interview husband and his girlfriend. Officers find marks on HER neck and she tells officers that I assaulted her and she didn't assault me. Apparently, while I was outside the house, husband and her made superficial marks on her while waiting for the police because I never touched her at all. Next thing I know, there's a missed bench warrant for MY arrest for simple assault! Nothing on her. I go get arraigned, hire an attorney, get fingerprinted and mug shot taken. Put on personal bond. Next court date, girlfriend doesn't show up. Case is dismissed without prejudice. My fingerprints were returned to me. Then I get a day off work (I'm a parole officer) for Conduct Unbecoming an Officer. Lost day of pay. Now, I have just gotten a $3500 attorney bill from my attorney that represented me in criminal court! I was the victim! My question is, can I, after I file a police report for filing a false police report, then sue the girlfriend and possibly my now ex-husband for defamation of character and for the attorney fees owed and for the lost income I had for the court dates and for the punitive sanction at work I was given.
6 ANSWERS
Edwin K. Niles
Yes, and good luck collecting.
Answered on Oct 23rd, 2013 at 1:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It might be possible, but, more than likely the additional attorney's fees will be more than your recoverable damages (which in turn may not even be collectable). I would suggest that you close this chapter in your life and account for this incident as an additional cost of the divorce.
Answered on Oct 23rd, 2013 at 9:47 AM
Ronald A. Steinberg
Yes you can, but why would you go to Small Claims Court. The judgments are usually capped quite low.
Answered on Oct 23rd, 2013 at 9:27 AM
Short answer, no. Your expenses related to the defense of the charges are the result of the DA's initial determination that there was probable cause to charge you, and the DA is immune from suit. Dismissal without prejudice does not constitute an acquittal, and unless you are challenging and succeed in overturning the work-related sanction, those losses are attributable to a determination by your employer that you engaged in conduct unbecoming.
Answered on Oct 23rd, 2013 at 9:17 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Well, you can try, but in my view, there may be so many allegations thrown back and forth that the judge may throw up his/her hands in frustration and dismiss the case just to get rid of it.
Answered on Oct 23rd, 2013 at 9:16 AM
You have a serious proof problem to overcome to go forward. You told the police on the day of the incident your version, She told her version. Only one of you ended up with charges after the police heard both versions. Absent a full on admission by her and your ex, you had zero proof of their alleged fabrication then, and nothing has changed in that regard.
Answered on Oct 23rd, 2013 at 9:04 AM