Assault & Battery false charges filed

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mconner70

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July 2nd a 39 year old women called my home and threatened to kill my 15 year old daughter and burn down my house , we called police who then called the Fire Marshall and pressed charges , the case was cont. in Sept , Oct , Dec. and finally finished today when she was found guilty , ........well it turns out that after the Dec. date she went out of anger and filed a warrant on me claiming i called here house and harassed her on July 7th . and today after court she called and told police that i was home and that warrant could be served to me and i was arrested in front of my home and taken to Jail. i couldn't have contacted this women if i wanted to ...i have no number for her ... i'm sure the Judge will see this was a retaliation and not a real claim and probably dismiss it , but after missing work 2-3 times over this and being humiliated in front of my home do i have any Civil rights to file a suit for damages such as lost wages ect?
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Sue away; but don't expect to get anything.
 
don"t expect to win or don't expect to "get" anything

and if you have the time "why"

<i'm not questioning you as if you dont know ....would just like to know why it is>
and thank you for the reply
 
JMHO...But, if you sue won't it just add more fuel to your fire. I would just fight this in court for false charges...If she is found filing a false charges she'll probably go to jail or face fines. Won't that be enough??? If you sue you'll probably open a new can of worms.
 
Am i able to "fight it as false charges" or would that be a separate case and also i think if i file a civil suit it may cause this women to just leave me alone
she would be found guilty of the threat to burn (this happened today) , she would have failed at charging me with harassment , and then would be facing a lawsuit that involved $$$
 
What I was trying to say is that she is pressing harassment charges...over the phone correct??? Well, all they have to do is prove that you never called her, never spoke to her, and that her charges are false. Once that is proven during you hearing she can be fined or even put in jail for filing false charges.

For instance. Say I file a police report that my neighbor called and made serious threats on my life. I press charges and they check my phone records and his and find no call is made. He in turn can claim I filed fals charges in that same hearing which is against the law.

That is how I'm assuming it works...Something like this happend to a lady nearby..She was accused of harrasment and they found her not guilty and the lady who file the charges was found guilty of filing false charges...
 
well thanks for both replies , and that all makes sense ... if it happens like that it would definetly make for a strong civil suit to recover monetary damages
 
yes, it would...But, I still don't understand why you would sue in a civil court. It would just add more fuel to her temper and could cause you only more grief and harrasment from the woman...Either way...sue away..even if you do win I doubt you'll see a penny from her!
 
Well this is why............

Part of the womens plea in court is that she is Bipolar and not stable , and i believe this (very much) so her harassment has started today and even if i just defend myself in court i'm not 100% sure she wont try something else.

however with the recourse of filing a false report and a civil Judgment for damages i think she would definetly leave me alone ...i'm also sure i would never see a penny from here but the fact of her knowing she owes me money would definetly want to make her stay away from myself and my family
 
July 2nd a 39 year old women called my home and threatened to kill my 15 year old daughter and burn down my house , we called police who then called the Fire Marshall and pressed charges , the case was cont. in Sept , Oct , Dec. and finally finished today when she was found guilty , ........well it turns out that after the Dec. date she went out of anger and filed a warrant on me claiming i called here house and harassed her on July 7th . and today after court she called and told police that i was home and that warrant could be served to me and i was arrested in front of my home and taken to Jail. i couldn't have contacted this women if i wanted to ...i have no number for her ... i'm sure the Judge will see this was a retaliation and not a real claim and probably dismiss it , but after missing work 2-3 times over this and being humiliated in front of my home do i have any Civil rights to file a suit for damages such as lost wages ect?
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Sounds like government propaganda, or shysters "telling" you what a judge would decide.

You can google manuals for pro se litigants, that shows you what to do. Check your pm's, I have sent yhou case law to help you as a pro se.

You do what you have to do, ALWAYS demand a jury trial. Judges are part of the system, and make no judgement based on justice. A jury is all you have over the system, and, nobody can "tell" you what they would give out on judgement.

The following is not advertisement, but a pro se vid. which explains the basics. Although lawyer types would laugh at this, you NEED to understand what you are getting into.

Again, I do not recomend, or follow this guy in anyway, nor would I advise you too, but, it is a very good introduction to the REAL system of law:

http://www.youtube.com/watch?v=-LItI3MirPE

You can find the links to the rest of the video.
 
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