Defamation or Lost Wage Claim Over A False Criminal Complaint
North Carolina..
I know it sounds like Jerry Springer, but here we go:
My (now ex) boyfriend's "ex-wife" (they have been seperated for years, though still married) went out of town last November, and i kept her two children until she returned in March, upon whence, while he&i were arguing, she physically attacked me. I went right away to file for assault, & had pictures taken. When she learned of the charges, she began driving by my house without stopping etc. And when it was time for her to go back out of town for another 4months and i said i would not keep her kids this time, she went to file charges against me (in retaliation) that is COMPLETELY FALSE (stalking/cyberstalking).. I had to file a restraining order against her, to which she appeared in court and did NOT contest, but now, i am not able to get a job ANYWHERE because there are "serious charges" pending against me, and i was a-go to join the Army National Guard, which, as well has been delayed.
She is in Texas until august, and has pushed her assault case to be continued THREE MONTHS from the original date..which means my son will have to starve until then because I am unable to et work anywhere! :wallbang:
I found out Wed. that she took a flight to Ohio to see my ex's son graduate high school..so why can't she be made to appear in court?? Once my charges are dismissed, can i sue her for defamation of character, loss of wages, etc?? Now i can't even finish my nursing major in school:mad: Please offer ANY advice.. this psycho woman's false allegations are ruining my life!!
Re: Defamation or Lost Wage Claim Over A False Criminal Complaint
Do you have a criminal defense lawyer yet? If not, get one.
Re: Defamation or Lost Wage Claim Over A False Criminal Complaint
I have one, but its hard to pay for it with no job, so I am trying to get the money up now, but I have been denied EVERY job I apply for because of the "serious pending charges". When my charges are dismissed, will I have a suit if I want to sue her for defamation, loss of wages, etc? I just don't want to sound uninformed (and stupid) when I speak to my atty about this.
Re: Defamation or Lost Wage Claim Over A False Criminal Complaint
You shold think about a possible defamation action after you beat the criminal charge. Introduce the possibility to your lawyer and, if the case is economically viable (most defamation cases aren't) and the statements she made are not legally privileged (states restrict your ability to sue over the content of a police report), make sure you don't miss the statute of limitations. But you have to put first things first. If you're convicted, you have no case.
Re: Defamation or Lost Wage Claim Over A False Criminal Complaint
Can you tell me what would prove a cyberstalking allegation? She has some "forwards" (jokes) that I fwd her before I thought to take her off my "everybody" email list.. we USED to be good friends.. but I don't think that is harrassment or STALKIN!
**ALSO** she hacked into my ex's email acct, and forwarded herself a copy of a discrimination case against my former employer that I won a couple of years ago, as well as a few emails between my ex & I..nothing to do with her. What would she need those for?
She has pre-paid legal services through her employer, and only one is available in our area, and from what I hear, her lawyer is a pain in the rear, and not very well-liked, so I assume her lawyer is prompting her to gather this pointless information??