Do I have a case?

[Kenzkaya]

What is the name of your state (only U.S. law)? Michigan

I have been charged with domestic assault on my now exgirlfriend and suspect the case will be dismissed or if it goes to trial, that I will be found not guilty. She lied on the police report, which I can prove and she bragged about setting me up for this to a couple people we are mutual friends with that are willing to testify for me.

I am going to file a small claims case against her for the engagement ring, along with personal things she will not return and money that she owes me.

My question is: If the assault charge is dismissed or I am found not guilty, can I also sue her in small claims court for the expenses and damages inccurred as a result of being arrested for something I did not do?

 

[Rexlan]

Probably not; however, if you do prevail on the assault charge you can subsequently file a civil malicious prosecution complaint. Even if you win, and after many thousand dollars in legal fees, you probably will not be able to collect a judgment unless she has $$ ... which she probably does not. Your monetary damages must be proved as well.

The ring ... kiss it and the other stuff goodbye. They are gifts unless you can prove otherwise and you said, we said, and we agreed does not count. She is under no obligation to return them otherwise.

A better strategy: The very first step is to get affidavits from your witnesses. This is important, do it immediately and quietly, and have an attorney prepare them. With these in hand get the DA's office involved and have her charged with filing a false report or lying to a peace officer. That is pretty serious (Martha Stewart) and it will set the record straight ... pronto.