QUESTION
Can I sue my ex wife for having me falsely arrested?
Asked on Aug 12th, 2012 on Personal Injury - Virginia
More details to this question:
My ex, who was living with me at the time, had me falsely arrested for felony domestic assault and felony unlawful restraint. That evening she was extremely out of control on pills. I told her she needed to leave and I was tired of her drug abuse. She refused to leave and became even more irratic. I called the police to come and take care of the situation.She tried to flee before they arrived but she was stopped in the driveway. The cops asked what would resolve the situation and I told them i didn't want her at my house, so they told her to leave. Before she left they asked the two of us separately if there was any physical contact and we both said no, as there wasn't. The next afternoon she changed her story and went to the police department and wrote a statement saying that I punched her in the face, and held her in the house against her will. She also had a temporary relief from abuse order put on me and i was forced to leave my own house for 5 days even though she wasn't there. We went to court for the abuse order and she told a completely different story then the statement she wrote originally and coulnd't remember most of it. Because of her inability to remember her facts and obvious lying in the courtroom, a permanent abuse order was not issued and all criminal charges were dismissed. I have not been able to find work due to the felony charges I had pending. The charges were only dismissed last week after 5 months. Is there any action i can take on this matter?
14 ANSWERS
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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Might be claims for malicious prosecution, false arrest, abuse of process.
Answered on Jun 26th, 2013 at 12:20 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 10:34 PM
Motor Vehicle Accidents Attorney serving Lincoln, NE
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Lapin Law Offices
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You might have a case of "malicious prosecution" against your ex-wife. To win a case for "malicious prosecution" you must prove all of the following: (1) that your ex-wife caused criminal proceeding to be filed against you; (2) that your ex-wife did not have probable cause for causing the criminal case to be filed against you; (3) that your ex-wife was motivated by malice; (4) that the criminal case was a proximate cause of some damage to you; and (5) the nature and extent of that damage. The first element is established as you were arrested and charged. The fourth and fifth are also probably established. What you would need to prove is that your ex-wife did not have "probable cause" and was acting out of "malice." These may be more difficult to prove as you indicate that the charges were dropped because of your ex-wife's "inability to remember her facts and obvious lying in the courtroom." This does not mean what she said about being assaulted was not true, at least in her mind, and that she called the police out of "malice" instead of paranoia or a genuine fear for her safety. You were not proven to have not assaulted her; the charges were dismissed because your ex-wife gave conflicting versions of what occurred. This distinction is important. I would suggest contact an attorney to further discuss your rights and options.
Answered on Aug 30th, 2012 at 12:35 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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Yes, but will it be worth it?
Answered on Aug 27th, 2012 at 3:27 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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As a practical matter, no. you are in a typical domestic case. Women have been doing this to their husbands for many years. Works too, as you found out.
Answered on Aug 24th, 2012 at 9:35 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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YES, but if she has no money a judgement will not be collectible.
Answered on Aug 24th, 2012 at 9:35 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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Perhaps, but is it worth it? Are you going to sue her for damages? What money does she have?
If you want to pursue it, get in touch with a personal injury attorney to go over your options.
Answered on Aug 24th, 2012 at 9:35 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You can sue her. Unfortunatley, if she owns nothing, you will not be able to collect any money on any judgment you obtain. You probably have to just move on and put it behind you.
Answered on Aug 22nd, 2012 at 12:55 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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There could be something in the divorce decree that puts an end to any potential cause of action that arose before the decree was issued. In that case, you are done. Otherwise, yeah you might be able to sue, but what good would it do?
Answered on Aug 22nd, 2012 at 12:54 PM
Ronald A. Steinberg
I would try to get the record expunged.
Answered on Aug 22nd, 2012 at 12:53 PM
You can sue your ex-wife. Is she a millionaire? If not, what are you going to get?
Answered on Aug 22nd, 2012 at 12:52 PM
You might sue her but what would you get?
Answered on Aug 22nd, 2012 at 12:52 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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You can theoretically sue her for false arrest. Does she have assets or a liability insurance policy that would satisfy a judgment?
Answered on Aug 22nd, 2012 at 12:48 PM
Personal Injury Attorney serving Richmond, VA
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Blank & Marcus, LLC
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You have a very good case against her, but I suspect your problem will be collecting any judgment that you get. Does she have money or assets that could be used to satisfy a judgment against her? If she does, then you should retain an attorney who has tried this type of case in the past and knows how to do this.
Answered on Aug 22nd, 2012 at 12:47 PM