Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

If someone files false police reports only to harass, could

a complaint be filed under...
If someone files false police reports only to harass, could a complaint be filed under Abuse of Process.FIRST CAUSE OF ACTION: ABUSE OF PROCESS
Defendant made various false police reports to the Lander Police Department and the Fremont County Sheriffs Department claiming the Plaintiff shot holes into the side of Defendants home, vandalized Defendants home and cars by breaking windows and throwing [email protected] and that Plaintiff vandalized the home of C. E. Spurlock Jr on multiple occasions.
Show More
Show Less
Ask Your Own Legal Question
Answered in 2 minutes by:
8/22/2017
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,310
Experience: 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Legal Question

I am working on your answer now. Please bear with me it may take a few minutes.

Ask Your Own Legal Question

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Yes you may have an action against the person who is filing false charges against you.

There are two types of action you can pursue: 1) abuse of process or 2) malicious prosecution. You may also have a defamation claim that you can pursue.

Additionally, filing false police reports is a crime itself. You may wish to contact law enforcement and file a complaint. The best way to do that is to make an appointment and go to the station to speak with a Sargent.

See this link to the law on this:

http://law.justia.com/codes/wyoming/2011/title6/chapter5/section6-5-210

As to you bringing a lawsuit, please remember these are time consuming and expensive procedures. But if you are intent on doing so this is what you need to prove:

To prove a malicious prosecution claim you must show all of the following:

  • The defendant brought or continued a criminal or civil legal matter
  • There were no reasonable grounds to believe the allegations of the proceeding
  • The defendant's purpose was other than simply getting a judgment in the proceeding
  • the proceeding has terminated in the favor of the person being prosecuted or sued

In regard to Abuse of Process you can bring that action if you can prove that the defendant initiated a legal process for the purpose of harassing you.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,310
Experience: 30 years of experience
Verified
Gerald, Esq and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 1 month ago
I have filed a civil suit and the Defendant's attorney has filed a motion to dismiss. The judge is saying that plaintiff has not pled a cause of action for Abuse of Process and is giving me 20 days to file an amended complaint. The judge cites the definition of "process". Please let me know if you think what I have below will fly. The Defendant did not file a no-trespass order (or could he), but his actions were instrumental in having the no-trespass filed.THIRD CAUSE OF ACTION: ABUSE OF PROCESS18. The defendant initiated a no-trespass against Plaintiff David Spurlock by alleging that he was “mentally ill”, that “he would try something like that” and that Plaintiff was “trying to harm their father” to employees at Westward Heights Care Center and to Lander police.19. There were no reasonable grounds to believe Plaintiff David Spurlock would ever try to harm his father C. E. Spurlock Jr.20. The purpose of a no-trespass order is not to harass.

It sounds like the Defendant did not directly file a complaint for the no trespass Order but rather induced others to do so.

That is your difficulty. Your focus may be better spent on a defamation style claim. If you are still intent on pursuing an abuse of process focus on the false police reports that he made that led to law enforcement's actions.

Ask Your Own Legal Question
Customer reply replied 1 month ago
Originally the suit was filed for defamation when word around town was that I tried to poison my father. One person who was spreading the rumors admitted to me and my wife that he did so but later said it was only general conversation at a table of 12. My attorney right-or-wrong dismissed the claim without prejudice saying that we would have a better chance filing a different claim. After being hounded by the defendants attorney, my attorney asked that we dismiss with prejudice saying without a witness to the said poisoning, we would not have much chance -- bad move, probably so? Anyway, what I read for abuse of process:It has also been stated that for purposes of abuse of process, "process" refers to the papers
issued by a court to bring a party or property within its jurisdiction, such as a writ
of attachment, the process used to initiate a civil action, or the process related to
the bringing of criminal charges. That is, "process," the abuse of which may
support an abuse of process claim, is not limited to the original pleadings;
depositions, motions, interrogatories and other requests for discovery, or legal
maneuverings to compel or prohibit action by an opponent all invoke the authority
of the court and are, therefore, the type of process that will support an abuse of
process.Do you believe the elements are there for Abuse of Process?

Yes if you can connect the Defendant's action to law enforcement action. But NO if you are only connecting the Defendant's action to the private civil filings of a third party.

Having said that you seem to have little to lose by trying.

You need to flesh the facts out more. You need to connect the dots of the defendant's words and actions to the No Trespass order. You are trying to argue "if not for the Defendant's actions" the No Trespass Order would not have been sought let alone issued.

Ask Your Own Legal Question
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4,310
4,310 Satisfied Customers
Experience: 30 years of experience

Gerald, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,218 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,218 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

41,455 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

287 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
1) I have to answer a motion to dismiss where I am the
Second opinion] Hello 1) I have to answer a motion to dismiss where I am the Plaintiff in US District Court. Will the judge grant me an extension to answer past the 21 days if I request it, if so what… read more
socrateaser
socrateaser
1,031 satisfied customers
If a person filed a motion to dismiss a bankruptcy case and
If a person filed a motion to dismiss a bankruptcy case and that point of the motion was clarified. Can a bankruptcy be dismissed because that person brings up other points in court that were not on t… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
In a Michigan civil action I need to answer a verified
In a Michigan civil action I need to answer a verified complaint with a verified answer. What is the language I need on the attestation and does it have to be notified?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,626 satisfied customers
I filed a motion to dismiss on the grounds of res judicata.
I filed a motion to dismiss on the grounds of res judicata. I am still involved in the case as it is set for trial in December. In 1998 I was tried for inoperable vehicles on my business property. I w… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,189 satisfied customers
After failing to schedule my "Expedited Motion to Dismiss
After failing to schedule my "Expedited Motion to Dismiss for Lack of Standing" for over a year, the judge finally scheduled a hearing on this motion as well as the plaintiff's newly briefed Motion to… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
I have filed a motion to dismiss for lack of subject matter
Hello. I have filed a motion to dismiss for lack of subject matter jurisdiction and a motion for default judgement in DC Superior Court. The case involves judicial foreclosure. The judge granted a pla… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
What is a Notice of Lack of Prosecution, Motion to dismiss
What is a Notice of Lack of Prosecution, Motion to dismiss for Lack Of Prosecution, Notice of Hearing and Self Executing Order of Dismissal mean … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,665 satisfied customers
Law Educator, Esq. (Only) I filed amended motion to dismiss
Law Educator, Esq. (Only) I filed amended motion to dismiss before. You advised me yesterday to amend it and add the homestead exemption issue. should I withdraw the first amended motion to dismiss an… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Looking for a sample of a motion to dismiss in northampton
Looking for a sample of a motion to dismiss in northampton county pa in a civil case over a contract. Statue of limitations and res- judicada.… read more
KJL LAW
KJL LAW
Juris Doctorate
1,626 satisfied customers
Looking for example of a motion to dismiss in PA on Statue
Looking for example of a motion to dismiss in PA on Statue of Limitations. Civil Complaint.… read more
Bill Attorney
Bill Attorney
law
1,422 satisfied customers
How yo track and file a malicious prosecution case, New
How yo track and file a malicious prosecution case … read more
Maverick
Maverick
Doctoral Degree
6,133 satisfied customers
The judge denied defendants motion to dismiss but is
The judge denied defendants motion to dismiss but is allowing a reconsider I have to reply on.Is there possibly a law that states even if a commercial truck thinks they even just hit an existing potho… read more
Ray
Ray
Lawyer
Doctoral Degree
30,259 satisfied customers
I received a letter for. A motion to dismiss which reads as
I received a letter for. A motion to dismiss which reads as follows, comes now the court ,pursuant to rule 41 and directs that all parties appear to consider whether this. Case should be dismissed for… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Law Educator, Esq. (ONLY) This is on the motion to dismiss
Law Educator, Esq. (ONLY) This is on the motion to dismiss that the plaintiff does not want the Judge to see. I went to Court on the 14th for the motion but I was very sick. I filed a motion tor conti… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
41,455 satisfied customers
Second opinion] A motion to dismiss some defendants was
second opinion] A motion to dismiss some defendants was granted over 30 days ago but there is still no final judgment on the case. Is there any reason I can't make a motion to vacate those dismissals … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,218 satisfied customers
In a motion to dismiss in the State of PA. Do you have
In a motion to dismiss in the State of PA.Do you have request a hearing on this matter or can it be a brief?I have filed motions for extensions in motions court and did not have to schedule anything, … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,959 satisfied customers
ProSe in a malicious prosecution case (plaintiff) The
ProSe in a malicious prosecution case (plaintiff) The defense counsel responded to 1 of 4 requests for admissions. I was told a non response meant admission. However, I'm wondering if theres any legit… read more
LegalGems
LegalGems
Juris Doctorate
10,196 satisfied customers
I'm suing for Malicious prosecution - superior court of nj.
I'm suing for Malicious prosecution - superior court of nj. Since the original complaint and jury demand was filed with the court, additional instances of malicious prosecution have occurred. If I wan… read more
Thelawman2
Thelawman2
Doctoral Degree
1,240 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x