Can You Sue Your Ex-Spouse for Filing a False Domestic Violence Charge

My question involves criminal law for the state of: Ohio

My Ex Wife decided to tell the Police that I beat her severely and left her for Dead. This caused me to be arrested and I have been dealing with this issue for months. I was out of State for a week which includes the day I supposedly committed the Crime. This Woman is dangerous and once this is all over and I am cleared of the charges am I able to take action against her? I also want to file for a Protection Order to keep her away from myself and my family. Is this possible?

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Quoting ClevelandStrong

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My question involves criminal law for the state of: Ohio

My Ex Wife decided to tell the Police that I beat her severely and left her for Dead. This caused me to be arrested and I have been dealing with this issue for months. I was out of State for a week which includes the day I supposedly committed the Crime. This Woman is dangerous and once this is all over and I am cleared of the charges am I able to take action against her? I also want to file for a Protection Order to keep her away from myself and my family. Is this possible?

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You don't have a reason for a CPO.

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Quoting ClevelandStrong

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I was out of State for a week which includes the day I supposedly committed the Crime.

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Why hasn't your lawyer been able to document that fact to the prosecutor, such that the charge would be dropped?

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Quoting ClevelandStrong

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This Woman is dangerous and once this is all over and I am cleared of the charges am I able to take action against her?

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You can speak with your lawyer about the possibility, but at present you are putting the cart before the horse: You need to focus on beating the charge.

If you can prove that it was physically impossible for you to have committed the alleged offense, then you may be able to build a case of malicious prosecution.

"[I]n order to state a cause of action for malicious prosecution in Ohio, four essential elements must be alleged by the plaintiff: (1) malicious institution of prior proceedings against the plaintiff by defendant,... (2) lack of probable cause for the filing of the prior lawsuit,... (3) termination of the prior proceedings in plaintiff's favor,... and (4) seizure of plaintiff's person or property during the course of the prior proceedings...." Crawford v. Euclid Natl. Bank (1985), 19 Ohio St.3d 135, 19 OBR 341, 483 N.E.2d 1168.

Thank You

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Quoting Mr. Knowitall

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Why hasn't your lawyer been able to document that fact to the prosecutor, such that the charge would be dropped?

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Thank You. I had to find a new Attorney. The Attorney I had was not a criminal lawyer but at the time of the arrest he was able to help immediately since he is a Family friend.

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Quoting Mr. Knowitall

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If you can prove that it was physically impossible for you to have committed the alleged offense, then you may be able to build a case of malicious prosecution.

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I have solid undeniable proof that I was not even in the same state at the time. Thank you for the advice.

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Quoting ClevelandStrong

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Thank You

Thank You. I had to find a new Attorney. The Attorney I had was not a criminal lawyer but at the time of the arrest he was able to help immediately since he is a Family friend.

I have solid undeniable proof that I was not even in the same state at the time. Thank you for the advice.

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Just keep in mind that if she was really beaten up (and we have to assume that she was, or the police would have been skeptical of her claims) if she believed that it was you who did it, then she didn't falsely accuse you maliciously. If she was really beaten up and left for dead, her memories of what happened are going to be hazy at best.

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Quoting llworking

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Just keep in mind that if she was really beaten up (and we have to assume that she was, or the police would have been skeptical of her claims) ...

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I'm sorry, but why do we have to assume that she was actually beaten up? If she had bruises on her face, those could have been applied by a good make-up artist. I know make-up artists who work in the film industry, and the work they can do is amazing. One artist I know, made one guy up to appear as if he had been shot in the face.

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Quoting TechWorker

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I'm sorry, but why do we have to assume that she was actually beaten up? If she had bruises on her face, those could have been applied by a good make-up artist. I know make-up artists who work in the film industry, and the work they can do is amazing. One artist I know, made one guy up to appear as if he had been shot in the face.

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How absurd do you want to be here? The OP claimed that she accused him of beating her and leaving her for dead. In that kind of circumstance the police would not just go on how she looked, they would send her to the hospital for her injuries to be documented and treated.

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Quoting TechWorker

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I'm sorry, but why do we have to assume that she was actually beaten up? If she had bruises on her face, those could have been applied by a good make-up artist. I know make-up artists who work in the film industry, and the work they can do is amazing. One artist I know, made one guy up to appear as if he had been shot in the face.

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Obviously the police had enough evidence that she had been assaulted to arrest him. Seriously? Make up artists. Yes everyone knows Hollywood level make up artists. Do you always need to troll on here?

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Quoting qwaspolk69

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Obviously the police had enough evidence that she had been assaulted to arrest him. Seriously? Make up artists. Yes everyone knows Hollywood level make up artists. Do you always need to troll on here?

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All she had to do was to tell the police that she had been beaten and to show some bruises. That would be enough evidence for an arrest.

The police are not going to ask a doctor to verify bruises before making an arrest. The police don't need to do that. The courts have made the bar for an arrest very low.

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Quoting TechWorker

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All she had to do was to tell the police that she had been beaten and to show some bruises. That would be enough evidence for an arrest.

The police are not going to ask a doctor to verify bruises before making an arrest. The police don't need to do that. The courts have made the bar for an arrest very low.

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Beaten up and left for dead, is a far cry from just having bruises. Someone hurt to that extent is going to be sent to the hospital to have their injuries documented and to make sure that they did not have internal injuries.