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Can I sue someone for filling a false TRO which was thrown…

Customer Question
Can I sue someone...

Can I sue someone for filling a false TRO which was thrown out of court. Person accused me of stalking and harassment

Lawyer's Assistant: Because criminal law varies from place to place, can you tell me what state this is in?

Illinois

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

Yes. The TRO was filed and lost

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

The plaintiff filed a TRO and a permanent injunction accusing me of busness place stalking, harassment. I apeared at the TRO and defeated the TRO due to lack of evidence. Two months afterwards, Plaintiff dismissed its Permanent injunction with prejudice

Submitted: 9 months ago.Category: Legal
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Answered in 1 minute by:
9/8/2017
Lawyer: Zoey, JD, Attorney replied 9 months ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 30,932
Experience: Active member of the NYS bar since 1989
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Lawyer: Zoey, JD, Attorney replied 9 months ago

Yes. If you believe you can prove that this person knew the charge was a false claim when they filed it, you could sue her for malicious prosecution. You could also try to get her prosecuted for filing a false report with a government agency, as that is a criminal offense.

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Customer reply replied 9 months ago
Next question. Can I also file defamation (libel) claim against the Plaintiff, resulting from the malicious prosecution because false allegations were published to the rest of the world via court proceedings during the TRO and Permanent Injunction proceedings
Lawyer: Zoey, JD, Attorney replied 9 months ago

No. You can't file a defamation suit for statements made in court proceedings.

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Lawyer: Zoey, JD, Attorney replied 9 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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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).

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