Sue for harassment?

[New York Mikkey]

What is the name of your state (only U.S. law)? New York OK... I have an order of protection on me, she was a friend, not a lover whom i had a long friendship with. We got into a very heated argument, hence the order of protection. This was in April of 08,and after going to court, i agreed to a simple violation and a full final order of protection for 2 years i think. In January, 2 detectives come to my house, and tell me that she said that i text messaged her and that they were there to arrest me. The message, stated that i was going to tell her husband, about her infidelities, a message that i did not send. Anyway i was arrested, i went to court, and the judge ordered my phone cell fone records to see if i did it. I pled not guilty, and after the review of my records, the case was dismissed. Now, ive lost time from work to go to court 4 times, i was arrested and had to post bail, i was in jail for a couple of days. Also, every time i see a police car in front of my house, i live in fear that they are going to stop and arrest me for bogus charges. I know i cant sue the police, they are doing their job, but can i sue her for falsely accusing me of contacting her? Thanks in advance.....

 

[BL]

What is the name of your state (only U.S. law)? New York OK... I have an order of protection on me, she was a friend, not a lover whom i had a long friendship with. We got into a very heated argument, hence the order of protection. This was in April of 08,and after going to court, i agreed to a simple violation and a full final order of protection for 2 years i think. In January, 2 detectives come to my house, and tell me that she said that i text messaged her and that they were there to arrest me. The message, stated that i was going to tell her husband, about her infidelities, a message that i did not send. Anyway i was arrested, i went to court, and the judge ordered my phone cell fone records to see if i did it. I pled not guilty, and after the review of my records, the case was dismissed. Now, ive lost time from work to go to court 4 times, i was arrested and had to post bail, i was in jail for a couple of days. Also, every time i see a police car in front of my house, i live in fear that they are going to stop and arrest me for bogus charges. I know i cant sue the police, they are doing their job, but can i sue her for falsely accusing me of contacting her? Thanks in advance.....

You should have requested the she be charged with making a false report / instrument back when the Judge dismissed upon evidence.

You should consult an attorney to see if you have any actual damages , taking the dismissal ruling with you.

 

[New York Mikkey]

Thanks

Thank you. I do have the dismissal report and the dismissal happened yesterday, so i am heading over to small claims and file a claim. I was friends with this person for 25 years, and the only thing that bothers me is im not sure if she even falsely accused me.... It may be a third person that said this to her and she honestly believed that it was me. Regardless im going to file, because i cant live in fear every time i see a police car pass down my street. If you speculate and are wrong it isnt my fault. Unfortunate for her..

 

[BL]

Be aware small claims is for monetary damages , not emotional fear.

Also ,if you want to think about receiving damages for time in jail from a false report ,consult an Attorney .

If you received the dismissal papers yesterday ,you can think about contacting the PD or DA about filing charges for filing a false instrument .

Get a copy of the police report that alleged the text message first.

You don't know if a 3rd party reported it ?

It would have had to the the plaintiff in the no contact order .

 

[New York Mikkey]

Hi bl, Let me say thank you for replying. Yes maybe i worded it incorrectly. I am sure the plaintiff recorded the complaint of course, or else there would be no reason to arrest me. They said so( detectives ) and so said you tried to contact her. What i was implying about a third person was, maybe a third person texted her those things, and the plaintiff thinks that i did it. In other words she didnt willingly know for sure that i contacted her, she merely speculated, and was wrong. My question is do you really think that i should consult an attorney? Is it worth it in the end? Attorneys dont work for free, and would it be worth it in the end? I am going to get all the paperwork as you said.. Copies from PD etc. Are you an attorney? Would you take my case in your opinion?

 

[BL]

Hi bl, Let me say thank you for replying. Yes maybe i worded it incorrectly. I am sure the plaintiff recorded the complaint of course, or else there would be no reason to arrest me. They said so( detectives ) and so said you tried to contact her. What i was implying about a third person was, maybe a third person texted her those things, and the plaintiff thinks that i did it. In other words she didnt willingly know for sure that i contacted her, she merely speculated, and was wrong. My question is do you really think that i should consult an attorney? Is it worth it in the end? Attorneys dont work for free, and would it be worth it in the end? I am going to get all the paperwork as you said.. Copies from PD etc. Are you an attorney? Would you take my case in your opinion?

While I certainly think you should consult an attorney.

If you were successful in having her arrested and convicted of filing a false instrument against you causing your incarceration,etc , then I'd say consult an attorney .

Possibly then Attorney fees could be added to any Judgment.

Of course that a different court that small claims .

In the meantime , you could sue ( not saying you'd prevail ) for your monetary loses in small claims .

Filing fees are small .

Google NY Guide to small claims court .

In NYC ( if you are ) , and NY state in gen ,if outside NYC areas.

 

[New York Mikkey]

Thank you so mch BL for your time