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Ely
Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 88193
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Is it a crime to have someone set up for for suspecting that

Customer Question

Is it a crime to have someone set up for for suspecting that he/sheh is following them. example husband or wife
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. Welcome to JustAnswer. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not necessarily to tell you what you wish to hear. There may be a slight delay between your follow ups and my replies as I reply.

This depends. Can you please tell me a bit more about what she is doing specifically to achieve her "goals?"

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.
Customer: replied 1 year ago.
She already has a restraining order on me and is trying to get me put in jail and get a felony conviction, we are headed fro a divorce
Expert:  Ely replied 1 year ago.
It is unlawful to falsely accuse someone of a criminal matter.

CRIMINAL
This is called filing a "false police report." This is a Class C or D felony, meaning that she can be convicted of this, and if so, would face a minimal of 3 to 15 years and/or a $10,000 fine.

CIVIL
You can possibly sue her for (1) defamation and (2) malicious prosecution.

To establish a prima facie case of defamation in Tennessee, the plaintiff must establish that: 1)a party published a statement; 2)with knowledge that the statement is false and defaming to the other;  or 3) with reckless disregard for the truth of the statement or with negligence in failing to ascertain the truth of the statement. SULLIVAN v. BAPTIST MEMORIAL HOSPITAL, 1999.

In order to establish the essential elements of an action for malicious prosecution, the plaintiff must show that (1) a prior suit or judicial proceeding was brought against plaintiff without probable cause, (2) defendant brought such prior action with malice, and (3) the prior action was finally terminated in favor of plaintiff. See Lewis v. Allen, 698 S.W.2d 58, 59 (Tenn. 1985)

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