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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117393
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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A domestic violence charge I was facing was recently dismissed

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A domestic violence charge I was facing was recently dismissed due to an alternate statement given later (she lied the first time anyway...) Because she lied, I went to jail, then had to hire a lawyer, a private investigator, paid court costs, etc. Also, because it was a domestic dispute, I was not allowed access to any of my belongings, some which she later returned through the PI. She still has some things that I want and I know I have to file a civil suit for their return. I understand that I can include relevant costs incurred through this filing, but am I allowed to be reimbursed for any of the costs incurred due to the initial crime that she wasn't charged with? (Filing a false statement)
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

If you can prove she filed a false statement, then you can indeed seek to make her pay by adding a count of malicious prosecution onto the claims for replevin (return of your property) and seek to recover the damages you incurred having to go through the criminal court process based on her false statements.

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Customer: replied 4 years ago.

Ok, I have her original statement. I also have a recorded statement that varies from the original. There were two charges, both filed because of the statements she gave. I suppose they were filed by the State Trooper, not by her. But the first statement, that I threw something at her and hit her, was altered in the recorded statement by saying she can't be sure I threw anything at her and that I didn't hit her with anything. The second statement, that I threatened to kill her, was given context by adding a 'condition to the threat.' She claimed I said "If you don't stop talking about (I forget what exactly), I will kill you." Now, I didn't say any of this, but part of the dismissal occurred because the supposed threat didn't pose 'immediate danger' because it was conditional. Is any of this enough to prove the malicious prosecution charge?

Thank you for the additional information.

If you show her statements changed from the first time, then this is grounds to pursue her for the malicious prosecution in that no domestic violence ever occurred.
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