Monday, February 8, 2010

What legal matters can I pursue against someone for continually filing false criminal charges?

There are two torts (civil actions) that cover this kind of behavior.





';Wrongful Civil Proceedings'; (the parallel to Malicious Prosecution) is when someone is filing frivolous legal actions against you, and you win. The actions must generally be filed for some ulterior purpose, such as harassment, and must be frivolous (not in good faith).





';Abuse of Process'; is when someone is using the legal system as leverage to cause financial harassment, or using pending suits as a threat or blackmail in some other situation. Again, the suit must generally be filed for some ulterior purpose.





Each of these torts is defined at the state law level, usually in common law (rather than statute). If you have specific questions about how they work, or whether the situation you are encountering fits, consult a licensed attorney.What legal matters can I pursue against someone for continually filing false criminal charges?
Report them to the police for filing a false police report.What legal matters can I pursue against someone for continually filing false criminal charges?
You should ask a lawyer but they'll likely tell you that you would have to prove that the person knew the charges where false and that will not be easy. How many times has this happened? If the person has made 3 false accusations or more thus far, the police of course have a record and you could talk to them about pressing charges on the individual.
With proof, Defamation of character and harassment. More so if it starts affecting your job and way of life. But, you need solid prof.
False criminal charges are a crime in themselves. There is also potential civil action for harassment.

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