can i sue a person for false accusations?

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loveyou

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i was arrested a few days ago for battery assault, but the reason that the person blame me was because i had accused him before of domestic violence. Ever since i started to date his daughter he tried to get me arrested. is their a way i can sue him or get him arrested for false accusations, and emotional distress?
 
No, based on what you have given, you don't have any kind of legitimate civil claim.
The reason you were arrested for battery is because you apparently committed the act.
The parent should get a restraining order against you rather than argue with you.
 
i did not do this crime, and according to the paper they gave me it was called a misdermeanor. i had it confused with something else.
 
loveyou said:
i was arrested a few days ago for battery assault, but the reason that the person blame me was because i had accused him before of domestic violence. Ever since i started to date his daughter he tried to get me arrested. is their a way i can sue him or get him arrested for false accusations, and emotional distress?
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Wait ... in your OTHER thread you are a 17-year-old girl ... now, you are dating some guy's daughter and getting smacked around by her father? Are you now the 19-year-old boyfriend?

If you are dating some guy's MINOR/JUVENILE daughter, you had best heed his suggestions. The police and the court take dim views of disrespectful adults trying to circumvent the parent-child relationship and that could land you in jail.

If he made a knowingly and intentionally false statement to the police and you believe you can prove it, you can sue him or request criminal charges. If you simply disagree with how he phrased it, then probably not.

Was there any pushing, shoving, grabbing, hitting, or swinging going on at all by you? If so, it sounds like the charges might be justified.
 
So then what were you arrested for? What was the code section? Did you actually go to jail? You wouldn't have been arrested for a misdemeanor if the police hadn't actually seen you do something.
I take that back- you could have been arrested for domestic battery based on the victim's allegations and any visible injuries, even if just a scratch.
 
Moose, FYI, some states allow wider powers of arrests for misdemeanors not committed in the presence of the officers than ours does. What holds true for us in CA may not hold true everywhere.
 
loveyou said:
no i was arrested for accusations of the father saying that i damage his car.
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Unless he lied about seeing you do it, he is permitted to state his belief that you did it. That might be weak to charge you with, but without reading the report, we don't know what the police know.

And, which one are you? The 17-year-old girl? Or, the 19-year-old boyfriend?
 
I'm the 17 year girl. My dad has made threats about he killing my bf or getting him arrested. also he did not see my bf do it. he just stated he did it because of the grudges he has against him, because my bf accused him of domestic violence twice.
 
loveyou said:
I'm the 17 year girl. My dad has made threats about he killing my bf or getting him arrested. also he did not see my bf do it. he just stated he did it because of the grudges he has against him, because my bf accused him of domestic violence twice.
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If your boyfriend can prove that the statements made were knowingly and intentionally false, then he might have a civil suit against him or a valid claim for a criminal action. The problem is proving a negative - it is almost never possible.

If there is no proof that he did it then he has little to fear from the police slapping the cuffs on him.

And, at 19 and making only $15,000 a year, he does NOT have the money for an attorney.
 
mightymoose said:
Wow... they must still have room in the jail.
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Mine does! :) But the state will likely stop reimbursing agencies for bookings in the next fiscal year, so I suspect that we will suddenly start writing a lot more citations ... we won't have to pay for warrants.

Of course, that even in these other states "arrest" can also be in the form of a citations or summons (depending on the term used in the state in question) and not necessarily requiring a custodial arrest.
 
there is no proof that my boyfriend did it. according to my father the crime was committed at a certain time, however my brother has stated that my boyfriend was with him at the store at that exact time.
 
Then he has little to fear.
 
loveyou said:
oh ok. so is there a way he can sue him or something?
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Yes. He pays an attorney a lot of money to look into the matter. he then has to articulate the amount of money that the accusation has cost him, and the amount of pain and suffering (through anxiety and such) that the accusations have caused him. He then has to file this in court and allow for a response from the defendant. In a few months the matter might get heard by a judge for the first time. If there is sufficient grounds to support the claim and the damages, a trial might be set. Then, if no out of court settlement is reached, your boyfriend MIGHT get to trial between one and two years down the road ... if at all.

If he thinks he can make a case and can articulate the damages, he can consult an attorney.

Remember, he will have to show that your dad knowingly and intentionally lied - not that he was wrong or that he was being unreasonable.
 
There is nothing to sue him for. The police made the arrest, meaning they had sufficient reason to believe that he did it. They don't just arrest people based on the victim's suspicions.
Attempting some kind of legal action will probably backfire on you and have a restraining order served against your boyfriend compelling him to stay away from YOU... which he can be arrested for violating.
Let it go... stay calm... wait a few months and then do whatever you want.
 
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