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Falseley accused

  • Thread starter Thread starter ghetoboy
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ghetoboy

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A restraining order was filed on me, for physical and mental abuse to my six year live in companion. I was evicted from the home. Appeared in court and plaintiff withdrew charges. All charges were false.Can I sue for slander and how would I procede to be reimburst for my legal fees. I am a resident of Philadelphia, PA

[This message has been edited by ghetoboy (edited June 17, 2000).]
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

A few things:

I am just going to give you some buzz terms and a general overview. To truly investigate further and see if any or all apply to you as separate "causes of action" or "claims" may I suggest you see a personal injury/torts attorney in your state via attorneypages.com OR through the PA STATE BAR ASSOCIATION and ask for lawyer referral.

1. First buzz term: "abuse of process": it essentially means the individual abused the court system (both civil and criminal). The fact they withdrew their complaint may help your case.

2. Second term: malicious prosecution-- kind of similar to above but you need to have an acquittal. because this was a withdrawal of a claim, then i don't think this would necessarily apply.

3. Third term: Defamation: there are two types> I think you need to read the section on libel and slander. You are thinking it will be libel (written defamation). You probably may be able to get a good case here, but there are elements that have to proven. This individual had to have written false information (via the order) to damage your rep. there is much more to it than that, but basically you get the idea.

Hope this helps.
 

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