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ex accused me of a crime, I was found innocent, can I recoup losses?

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iowelots

Junior Member
What is the name of your state (only U.S. law)?
Colorado

This is the deal in a nutshell: I was convicted of Domestic violence after an argument with a crazy ex. I opted to do 6 months in jail over probation and took care of it. A month before i was set for release, the ex called the police and made claims that I broke the restraining order.

I was forced to bail out and remain on bail for the next year and a half. Three months into it however, I get a call from the sheriff saying she is making the same claims again. This time I was able to provide an alabi and she was arrested for filing false reports. She pled guilty.

a year after that the DA finally read the case and decided to drop it, due to the fact she was previously convicted of lying about the exact same thing she was accusing me of.

Can I sue her to recoup the losses, such as bail money and the loss of work due to not being able to go out of state? Is small claims court my best option or should I try to find a lawyer? I dont really have money for a lawyer.

Any advice will be much appreciated. thanks.
 


tranquility

Senior Member
While true, the lack of charging decision on both contempt charges would be considered to have been decided in the OPs favor and would overcome the first hurdle to filing a malicious prosecution/false arrest case.
 

iowelots

Junior Member
Oh, I am rid of her. I have a permanent restraining order out.

You said 'first hurdle', what would be some of the others?

thanks for your response btw.
 

iowelots

Junior Member
https://forum.freeadvice.com/child-support-98/can-i-get-my-child-support-arrears-adjusted-564622.html
Quit stalking me. These two cases have absolutely nothing to do with each other, its a different woman. Thanks for asking though before you made an assumption and made an ass out of you an umption.
 

Silverplum

Senior Member
Quit stalking me. These two cases have absolutely nothing to do with each other, its a different woman. Thanks for asking though before you made an assumption and made an ass out of you an umption.
Dude.

We always view post histories...they're illustrative.
 
What is the name of your state (only U.S. law)?
Colorado

This is the deal in a nutshell: I was convicted of Domestic violence after an argument with a crazy ex. I opted to do 6 months in jail over probation and took care of it. A month before i was set for release, the ex called the police and made claims that I broke the restraining order.

I was forced to bail out and remain on bail for the next year and a half. Three months into it however, I get a call from the sheriff saying she is making the same claims again. This time I was able to provide an alabi and she was arrested for filing false reports. She pled guilty.

a year after that the DA finally read the case and decided to drop it, due to the fact she was previously convicted of lying about the exact same thing she was accusing me of.

Can I sue her to recoup the losses, such as bail money and the loss of work due to not being able to go out of state? Is small claims court my best option or should I try to find a lawyer? I dont really have money for a lawyer.

Any advice will be much appreciated. thanks.
I would certainly go after her ... you have several causes of action or counts against her.

This would be a regular court case, not small claims.

I think that you should file either pro se or with an attny. Discovery should be minimal ~ the DA has already done that ~ just attach that court file and ask that it be admitted in a request to admit.

I would go pro se with a jury .. but you will have to decide if you are up to this; a lot is involved.
 

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