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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 27763
Experience:  Active member of the NYS bar since 1989
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Can I sue someone for filling a false TRO which was thrown

Customer Question

can I sue someone for filling a false TRO which was thrown out of court. Person accused me of stalking and harassment
JA: Because criminal law varies from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Has anything been filed or reported?
Customer: Yes. The TRO was filed and lost
JA: Anything else you want the lawyer to know before I connect you?
Customer: 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: 1 month ago.
Category: Legal
Expert:  Zoey, JD replied 1 month ago.

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.

Expert:  Zoey, JD replied 1 month 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.

Customer: replied 1 month 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
Expert:  Zoey, JD replied 1 month ago.

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

Expert:  Zoey, JD replied 1 month 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.