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My ex-girlfriend accused me of harassing her back in

My ex-girlfriend accused me...

My ex-girlfriend accused me of harassing her back in December, which I wasn't and I have clear evidence that she initiated conversations with me. She went to the police and filed a report. She lied to the police and gave a false report. Is there a statute of limitations on filing a criminal complaint for her falsifying a police report. She knowingly lied to the police and led them to believe I was harassing her.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

Pennsylvania and on December 16, 2017

Lawyer's Assistant: Has anything been filed or reported?

She filed a police report against me accusing me of harassment

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nope, that will be all. Thank you.

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Answered in 5 minutes by:
3/7/2018
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 126,758
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There is 2 year statute of limitations for filing a false police report in VA. Also, in addition to filing criminal charges. You can file a civil lawsuit against her for the tort of "malicious prosecution" for taking you to court on false criminal charges leading to you having to stand trial for harassment.

So you can file criminal charges with the DA within the 2 year statute of limitations and also you can file a civil suit against her as well for malicious prosecution and seek money damages from her.

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Customer reply replied 5 months ago
This situation occurred in Pennsylvania, not VA. Also, I never went to court. Once she filed the false police report, I got a call from the cops, told them the story and they figured out she was lying so no formal charges were brought against me.

Thank you for your reply.

VA was a typo, I was dealing with another customer from VA. Pennsylvania is where there is a 2 year statute of limitations AND where you would sue and it is a second degree misdemeanor in PA.

If no charges were filed against you, then all you can do is present the matter to the DA in Pennsylvania and ask for charges, it is up to the DA whether or not they actually will pursue charges

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Customer reply replied 5 months ago
Since there were no charges field against me, is it even worth it to file a criminal complaint against her for the false report? Judging from your response, it seems since there were no charges, it is unlikely something would be done.

Thank you for your reply.

Well, that is something up to the DA as far as pursuing charges, but I can say in most cases like this they do not do so.

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Customer reply replied 5 months ago
Also, I would assume it depends on the person's criminal history as well? Would the person's profession be taken into consideration. My ex-girlfriend is a high school teacher who writes IEPs (legal documents) for the school's special ed department. Would this be something the school should know about? In PA, filing a false police report is one of the items under their official misconduct list.

Thank you for your reply.

They generally look at the severity of the offense in addition to prior criminal history. You can report it to her job for her violating their rules too.

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Customer reply replied 5 months ago
If i report it to her school, is there anything that can come back to me? like could she sue me for anything? My biggest thing is if I do something, she'll retaliate with a bogus accusation. I just think the school should know since she has trouble telling the truth in legal settings, it could come back on them if she lies to protect herself during one of her IEPs

Thank you for your reply.

She cannot sue you for telling the truth. But quite honest, if you were not charged, you need to cut all contact with her and be done with her completely

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Customer reply replied 5 months ago
I haven't had contact with her since. I have no plans of contacting her. I just think something formal/ on the record should happen. People shouldn't be able to lie to the police with the intent to get someone charged when they know none of it is true.

Thank you for your reply.

People unfortunately lie to the police in these types of cases all the time. Sadly most never are punished for doing so. If you make a complaint to her employer about it, as long as you tell the truth there is nothing she can do about it.

If that is what you choose to do, then you can do so.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 126,758
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified
Law Educator, Esq. and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
Thank you for you help!

Thank you.

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