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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102191
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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My ex wife pressed charges battery against me.

Customer Question

My ex wife pressed charges for domestic battery against me. I represented myself and this morning the judge granted the states Nolle Pros Motion and dropped the case. I want to sue my ex wife for false imprisonment and for battery since neither the police nor the state will press charges. where do I start? What can I gain by doing so? AND if I sue the only thing she actually has is a home she got in the divorce. When I file the lawsuit what else do I need to file to ensure she can't sell the home?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Can you please clarify: 1) Were you actually CRIMINALLY charged?2) Were you arrested? 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. Thank you in advance.
Customer: replied 1 year ago.

I was criminally charged and arrested. I spent about 36 hours in jail waiting for bail and posted bail afterward..

Expert:  Ely replied 1 year ago.
Thank you.
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one cause of action, although it is not unusual to have more than one.
Here, someone in your situation can arguably then sue her for (1) malicious prosecution and (2) defamation.
Under Illinois law, a complaint for malicious prosecution must allege five distinct elements: (1) institution and prosecution of judicial proceedings by the defendant; (2) lack of probable cause for those proceedings; (3) malice in instituting the proceedings; (4) termination of the prior cause in plaintiff's favor, and (5) suffering by plaintiff of some special injury, beyond the anxiety, loss of time, attorney fees, and necessity for defending one's reputation, which are an unfortunate incident of many (if not most) lawsuits. Madda v. Reliance Insurance Co. (1977), 53 Ill. App.3d 67, 70.
Under Illinois law, the elements of a defamation claim are: the defendant made a false statement about the plaintiff; there was an unprivileged publication to a third party; fault by the defendant amounting to at least negligence; and the publication damaged the plaintiff. In addition, defamation about a criminal act is defamation per se. Solaia Tech., LLC v. Specialty Pub'g Co., 852 N.E.2d 825, 839 (Ill. 2006). This means that damages are presumed and do not have to be proven as such.
However beginning a lawsuit is complicated. It is recommended to use counsel. If she has few assets, one can stil:
-lien titled property
-attach non exempt property
-garnish wages up to 25%, and
-levy a bank account.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!