My son is getting a divorce, he lives with me in another state, but he goes by his former house to see his children. A neighbor has gone to the courts twice stating harassment but none of it is true. The first case was thrown out but now there is a new case. What can he do to stop this? He doesn't live there and has nothing to do with any of the neighbors. Can anyone make up statements and cause you to loose work time with mandatory court appearances?
State/Country relating to question: Maryland
one court date with a lawyer, case was thrown out. just received letter from court for second court date, no lawyer this time.
Thank you for the opportunity to answer your question. I am sending this answer to you only a few minutes after you submitted your question.Yes. Unfortunately, anyone can accuse anyone else of anything at any time. However, false accusations are not without consequence. If accusations are clearly false, a victim of false accusations would still need to answer for any charges that result from them. That said, an accused's attorney may be able to appear on his behalf without his presence and, if innocence is obvious, his attorney might even be able to convince the prosecutor to drop charges. That said, he could file a complaint with law enforcement for the false reporting of a crime and the accuser could potentially be charged with a crime. Further, if he successfully defeats the charge, he may have a basis to sue for defamation, malicious prosecution, and/or abuse of process.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).