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  1. #1
    sunatate11 is offline Junior Member
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    Can I sue a person who had me falsely arrested then dropped the charges.

    What is the name of your state (only U.S. law)? Florida. Can I sue a person who had me falsely arrested then dropped the charges? My gun was confiinscated by law enforcement ( it had nothing to do with the charges) but now I'm having to deal with the injunction that was granted as a result of the false charges. The injunction prohibits me from having a gun. Also need advice on how to have the injunction dissolved.
    Last edited by sunatate11; 06-08-2011 at 03:36 PM. Reason: spelling
  2. #2
    Zigner is offline Senior Member
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    Quote Originally Posted by sunatate11 View Post
    What is the name of your state (only U.S. law)? Florida. Can I sue a person who had me falsely arrested then dropped the charges? My gun was confiinscated by law enforcement ( it had nothing to do with the charges) but now I'm having to deal with the injunction that was granted as a result of the false charges. The injunction prohibits me from having a gun. Also need advice on how to have the injunction dissolved.
    What were you charged with?
  3. #3
    Antigone* is offline Senior Member
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    Quote Originally Posted by sunatate11 View Post
    What is the name of your state (only U.S. law)? Florida. Can I sue a person who had me falsely arrested then dropped the charges? My gun was confiinscated by law enforcement ( it had nothing to do with the charges) but now I'm having to deal with the injunction that was granted as a result of the false charges. The injunction prohibits me from having a gun. Also need advice on how to have the injunction dissolved.
    What were the events leading up to the person calling the police on you?
  4. #4
    sunatate11 is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    What were you charged with?
    Domestic battery.
  5. #5
    sunatate11 is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    What were you charged with?
    Quote Originally Posted by Antigone*of*Greece View Post
    What were the events leading up to the person calling the police on you?
    I was staying at my mom's place while preparing my rv for a cross country trip. My mom is 81 and not in a stable mental condition. She was in a hostile frame of mind when I arrived at the property to finish loading equipment. As a result of our verbal exchanges I decides to go ahead and leave the next day, and I informed her of that. I left the property to put some items in storage. u
    Upon my return I was arrested by a swat team. I was told that my mom accused me of striking her. I told law enforcement that was not true and asked them to document the injuries. There were no injuries and required no medical response.
  6. #6
    Antigone* is offline Senior Member
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    Quote Originally Posted by sunatate11 View Post
    I was staying at my mom's place while preparing my rv for a cross country trip. My mom is 81 and not in a stable mental condition. She was in a hostile frame of mind when I arrived at the property to finish loading equipment. As a result of our verbal exchanges I decides to go ahead and leave the next day, and I informed her of that. I left the property to put some items in storage. u
    Upon my return I was arrested by a swat team. I was told that my mom accused me of striking her. I told law enforcement that was not true and asked them to document the injuries. There were no injuries and required no medical response.
    So you want to sue your 81-year old mother
  7. #7
    randolph76 is offline Member
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    You want to sue your elderly mother with mental issues or are you saying she has normal mental capacity but was just angry with you? Either way, I don't see how that would help you get your gun rights back.
  8. #8
    sunatate11 is offline Junior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    So you want to sue your 81-year old mother
    No. Not at all. I want to have my property returned so I can take off cross country. However, the only way that will happen is if the injunction is dropped or I spend thousands of dollars in legal fees... I can't afford that due to losing my business in the down turn. I'm working odd jobs so I can put tires on my truck. I'm not going to bash my mom but ask that you understand that this was an intentional act on her part and she knows what she did was wrong. That is why the charges were dropped.
  9. #9
    Zigner is offline Senior Member
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    Quote Originally Posted by sunatate11 View Post
    No. Not at all. I want to have my property returned so I can take off cross country. However, the only way that will happen is if the injunction is dropped or I spend thousands of dollars in legal fees... I can't afford that due to losing my business in the down turn. I'm working odd jobs so I can put tires on my truck. I'm not going to bash my mom but ask that you understand that this was an intentional act on her part and she knows what she did was wrong. That is why the charges were dropped.
    We only have your word as to why the charges were dropped. The reality is that they could have been dropped for lack of physical evidence or they could have been dropped because dear old mom thinks that her son is stressed out and that it was a one-time occurrence, so why punish her son further (combined with the lack of physical evidence.)
  10. #10
    Isis1 is offline Senior Member
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    if the charges are dropped....shouldn't his guns have been returned to him?

    and mommy didn't arrest you. the cops did. they didn't just tell you to leave the premises. they arrested you based on something you said. (you'd be surprised how many domestic assaults end up in arrest because the aggressor walked right into it).
  11. #11
    sunatate11 is offline Junior Member
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    Quote Originally Posted by randolph76 View Post
    You want to sue your elderly mother with mental issues or are you saying she has normal mental capacity but was just angry with you? Either way, I don't see how that would help you get your gun rights back.
    She does have mental issues. Anger. But it doesn't effect her ability to know what she is doing. My approach to this is to move on. I have already spent money I don't have to fight this, now I'm finding I will have to spend much more. My wish is that she drop the injunction, saving me thousands and there would be no reason to go any further. I will absorb my losses and move on.
  12. #12
    sunatate11 is offline Junior Member
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    Quote Originally Posted by Zigner View Post
    We only have your word as to why the charges were dropped. The reality is that they could have been dropped for lack of physical evidence or they could have been dropped because dear old mom thinks that her son is stressed out and that it was a one-time occurrence, so why punish her son further (combined with the lack of physical evidence.)
    You could be right. I think she didn't understand that being involved in a trial would keep her from her yard work. The case was weak at best. I have no priors, not even a speeding ticket.
  13. #13
    sunatate11 is offline Junior Member
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    Quote Originally Posted by Isis1 View Post
    if the charges are dropped....shouldn't his guns have been returned to him?

    and mommy didn't arrest you. the cops did. they didn't just tell you to leave the premises. they arrested you based on something you said. (you'd be surprised how many domestic assaults end up in arrest because the aggressor walked right into it).
    The cops only respond to complaints. In the case of domestic violence, once the cops are called, someone is going to jail. Ask a cop if this is true. It is very common for people to file false police reports against someone who has done nothing wrong.
  14. #14
    Antigone* is offline Senior Member
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    Quote Originally Posted by sunatate11 View Post
    The cops only respond to complaints. In the case of domestic violence, once the cops are called, someone is going to jail. Ask a cop if this is true. It is very common for people to file false police reports against someone who has done nothing wrong.
    That blanket statement is completely false
  15. #15
    sunatate11 is offline Junior Member
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    Quote Originally Posted by Antigone*of*Greece View Post
    That blanket statement is completely false
    Ok. The cops respond to all kinds of situations including complaints. If the complaint is domestic violence, someone is going to jail. This is what I have been told by the cops, the DA and my council when I inquired as to how I could be arrested with no witnesses and no evidence. As far as people being arrested for something they didn't do, it happens all the time.

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