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  1. #1

    Angry How to Sue an Ex-Girlfriend Over a False Domestic Violence Report

    My question involves defamation in the state of: Tennessee

    I had a fed case for bouncing 4 check for checks. I owned a business at the time. I had a girlfriend(now ex girlfriend) who i dated for 6 years before this. The ex's mom decides
    (after an argument me and her daughter had in front of her house where the girlfriend was staying) to call the police and try to submit a report that I hit her (the mom) and the daughter.
    I had left. But the Police wouldnt take a report. Me and her daughter was still involved and in communication. Her daughter tells me 10 days later that she thought her mom was going to
    do something "dirty" because she was ease dropping and heard her say she was going downtown and when she asked her where she was going she told her on none of her business. I was on federal bond
    for bank fraud of 9k for bouncing checks. Her daughter was just getting on fed probation for something unrelated to my case and more serious than mine also.

    The next morning I wasnt home and the police broke in my home assuming i was there to arrest me for the nights incident which all we did was argue in front of the house. And i told her mom to mind her
    own business. Her mom has never liked me nor any of here previous boyfriends unless her mom benefitted off of them. Therefore, I had already a case of vandalism as bad as this sounds from her mom saying I broke a window on her home when she was out of town. However in that incident, she had no clue a window was even broke and it wasnt. And she said to her daughter she did that to prove a point.

    Well i had court on the vandalism 6 days later and i went to court prepared to take care of the allegations of the new thing she has formed up. That day she told her "none of your business" she was going to file a affadavit for a warrant. So when i went to court of course I was taken in for it. I also then because of this had a hold from the Marshals to hold me to bring me forth for bond revocation hearing in the fed case. Now I have not only the fed but more of her mothers non sense. While in there, I spoke to my mom and called my ex(girlfriend at the time) and she stated her mom stated she called the prosecutor and told him several things to get my bond revoked and also she never read the affadivit at all. The charges were aggravated burglary, domestic assault on her and her daughter. Her daughter never went to do anything. We were still communcating daily with no problems, until this. Sorry for the length but it gets better.

    My ex spoke to my lawyer about it before the hearing. I had the hearing. The ex told the truth. The mom didnt. The court dismissed the moms allegations; all but domestic assault on her daughter who never filed any charges because she said I push her out of my face. I have my own home, so while im there i hear her mom tell her to get out if she was going to talk to me. She also accused me of the reason why she is in trouble yet i am the person who is productive in society with a six figure income legally. I went to fed custody and then ahd a hearing to revoke my bond. Mom tells the same story, my bond gets revoked. Every one is happy.(accept me and her). I was stuck, did 16 months on 18 month sentence. No halfway house because the state picks up the charges that her mom originally put out and i had a hold on me. I did the time in a holding facility awaiting sentencing then was arrested AGAIN to take care of the state hold on the same charges her mom put out on me AGAIN. Then i bonded out in this court for vandalism, domestic assualt x two and aggravated burglary which is ALL FALSE. The daughter stated she apologized for bashing my name when i left (because she found out i was talking to someone while she was gone and while i was there she became on her moms side and an ex). The mom knew the charges were bogus.

    Conclusion:
    They used her characterization on me to increase my plea agreement and make me look like im the reason she was arrested, called me crazy, sociopath, broke criminal and then on top of all that when i did speak to her we spoke for two weeks then she decides to say im threatening her and textin and emailing her when yet i have call records of her calling me, i didnt call her after she said she bashed my name.
    The ex calls me while i was sitting in court trying to get the bogus charges over with. My lawyer for that was the same one i had for first time before this happened and he asked me to get her here so we could get this over with and i asked her to come, he called her and ask her to come. She wouldnt. She then puts out a restraining order on me and i was unable to attend because i was in a court ordered class on that same morning, same time. I never spoke to the ex again. I didnt know anything but to NOT take it to trial because it seemed she would maybe take her mother's side and lie right along with her so i took a plea to get it over with. Although, the charges were flip flop in state court at this time. I plead to simple assault on her mom, dropped burglary which i never done any in the first place but the only person could tell the truth again was the ex. She disappeared and put a restraining order on me (i figure to try to make herself look good if she had to get a subpeona). She also tried to this while i was first arrested when i went to court after her mom first did this and never showed to go through with the restraining order. She stated the Probation officer told her she needed to file if she didnt want to be violated. But there was no chance i could take on fed probation at the time. Still is now. I dont have any dealings with either of them since.

    SO my question is.........
    Since her mom admitted i didnt touch her in the hearing, her daughter stated i pushed her. I plead to the mom's allegation (lessened charge of just simple assault) then when in state court i took a plea at my best interest because of the ex playing the middle not knowing what kind of witness ( for her mom or the truth) she would be this time, and all of the telling prosecutors lies about me, and false reports and me not able to speak up because im in jail, and all of the money i spent (10,500), staying in jail extra 2-6 months because of her moms allegations and false characterization of me to fed prosecutors(& OR her allegations, not known if she flip it after she found out i was talking to another female), the bogus restraining orders when i obviously couldnt attend lying as if she was talking me to when she was doing the calling IS THERE ANYTHING I CAN DO ABOUT SLANDER OR DEFAMATION OF CHARACTER? I WANT TO SUE AS SOON AS ALL THIS PROBATION STUFF IS OVER. TO THIS DAY THE PROBATION OFFICE THINKS I AM WHO HER MOMS SAID I WAS AND THEY ACT ACCORDING TREATING ME AS IF I MURDERED SOMEONE BUT OTHERS THE DO NOT.
    I HAVE NEVER DID ANY JAIL TIME UNTIL THEN, ONLY A TWO MISDEMEANORS, COLLEGE GRAD (& PURSUING MBA AT THAT TIME), BUSINESS OWNER, NICE CAR, HOME, ETC. I HAVE NEVER IN MY LIFE EXPERIENCED SO MUCH PAIN, ANGUISH, STRESS AND HARD TIMES. WHAT CAN I DO AS FAR AS A LAWSUIT FOR SLANDER? CAN I SUE EITHER OF THEM? HER MOM ACTUALLY IS ONE OF THOSE EVIL TYPE OF LADIES THAT EVERYONE STAYS AWAY FROM TOO, NO FRIENDS, HUSBAND OR BOYFRIEND, KIDS STAY AWAY FROM HER. AND THE EX SIMPLY JUST DOES WHATEVER TO MAKE HER LOOK INNOCENT. I LOOK LIKE THE BAD GUY HERE AND I DONT APPRECIATE IT NOR DO I WANT TO JUST SIT AND LET THIS GO AWAY LIKE IT DIDNT HAPPEN WITHOUT SPEAKING IN CIVIL COURT SINCE I WAS JAMMED TO THE POINT WHERE I COULDNT TALK IN A CRIMIMAL COURT. POINT ME IN THE RIGHT DIRECTION PLEASE. THIS BOTHERS ME EVERYDAY THAT PEOPLE CAN GET AWAY WITH THIS.

    SORRY FOR THE LENGTH BUT IT WAS DEFINITELY NEEDED.
    THANKS IF YOU RESPOND. I NEED SOME TRUE ADVICE.

  2. #2
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    Default Re: Ex Girlfriend Mom Slanders Name and Calls Prosecutor on My Case, Ruins Me and My

    Unfortunately your legal response will be very short:

    Anything said in court enjoys absolute privilege from being used in any defamation action.

    If you still feel that you have a case, you're looking at several years and tens of thousands of dollars to litigate, with little to no hope of ever collecting any damages.

    Sorry.

  3. #3
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    Default Re: Ex Girlfriend Mom Slanders Name and Calls Prosecutor on My Case, Ruins Me and My

    If all you have is what was said to police and during the course of legal proceedings, you have no cause of action for defamation. Even if you do file suit, it will most likely be quickly dismissed based upon this.

  4. #4
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    Default Re: How to Sue an Ex-Girlfriend Over a False Domestic Violence Report

    Quote Quoting Needyouradvice58
    View Post
    My question involves defamation in the state of: Tennessee

    I had a fed case for bouncing 4 check for checks. I owned a business at the time. I had a girlfriend(now ex girlfriend) who i dated for 6 years before this. The ex's mom decides
    (after an argument me and her daughter had in front of her house where the girlfriend was staying) to call the police and try to submit a report that I hit her (the mom) and the daughter.
    I had left. But the Police wouldnt take a report. Me and her daughter was still involved and in communication. Her daughter tells me 10 days later that she thought her mom was going to
    do something "dirty" because she was ease dropping and heard her say she was going downtown and when she asked her where she was going she told her on none of her business. I was on federal bond
    for bank fraud of 9k for bouncing checks. Her daughter was just getting on fed probation for something unrelated to my case and more serious than mine also.

    The next morning I wasnt home and the police broke in my home assuming i was there to arrest me for the nights incident which all we did was argue in front of the house. And i told her mom to mind her
    own business. Her mom has never liked me nor any of here previous boyfriends unless her mom benefitted off of them. Therefore, I had already a case of vandalism as bad as this sounds from her mom saying I broke a window on her home when she was out of town. However in that incident, she had no clue a window was even broke and it wasnt. And she said to her daughter she did that to prove a point.

    Well i had court on the vandalism 6 days later and i went to court prepared to take care of the allegations of the new thing she has formed up. That day she told her "none of your business" she was going to file a affadavit for a warrant. So when i went to court of course I was taken in for it. I also then because of this had a hold from the Marshals to hold me to bring me forth for bond revocation hearing in the fed case. Now I have not only the fed but more of her mothers non sense. While in there, I spoke to my mom and called my ex(girlfriend at the time) and she stated her mom stated she called the prosecutor and told him several things to get my bond revoked and also she never read the affadivit at all. The charges were aggravated burglary, domestic assault on her and her daughter. Her daughter never went to do anything. We were still communcating daily with no problems, until this. Sorry for the length but it gets better.

    My ex spoke to my lawyer about it before the hearing. I had the hearing. The ex told the truth. The mom didnt. The court dismissed the moms allegations; all but domestic assault on her daughter who never filed any charges because she said I push her out of my face. I have my own home, so while im there i hear her mom tell her to get out if she was going to talk to me. She also accused me of the reason why she is in trouble yet i am the person who is productive in society with a six figure income legally. I went to fed custody and then ahd a hearing to revoke my bond. Mom tells the same story, my bond gets revoked. Every one is happy.(accept me and her). I was stuck, did 16 months on 18 month sentence. No halfway house because the state picks up the charges that her mom originally put out and i had a hold on me. I did the time in a holding facility awaiting sentencing then was arrested AGAIN to take care of the state hold on the same charges her mom put out on me AGAIN. Then i bonded out in this court for vandalism, domestic assualt x two and aggravated burglary which is ALL FALSE. The daughter stated she apologized for bashing my name when i left (because she found out i was talking to someone while she was gone and while i was there she became on her moms side and an ex). The mom knew the charges were bogus.

    Conclusion:
    They used her characterization on me to increase my plea agreement and make me look like im the reason she was arrested, called me crazy, sociopath, broke criminal and then on top of all that when i did speak to her we spoke for two weeks then she decides to say im threatening her and textin and emailing her when yet i have call records of her calling me, i didnt call her after she said she bashed my name.
    The ex calls me while i was sitting in court trying to get the bogus charges over with. My lawyer for that was the same one i had for first time before this happened and he asked me to get her here so we could get this over with and i asked her to come, he called her and ask her to come. She wouldnt. She then puts out a restraining order on me and i was unable to attend because i was in a court ordered class on that same morning, same time. I never spoke to the ex again. I didnt know anything but to NOT take it to trial because it seemed she would maybe take her mother's side and lie right along with her so i took a plea to get it over with. Although, the charges were flip flop in state court at this time. I plead to simple assault on her mom, dropped burglary which i never done any in the first place but the only person could tell the truth again was the ex. She disappeared and put a restraining order on me (i figure to try to make herself look good if she had to get a subpeona). She also tried to this while i was first arrested when i went to court after her mom first did this and never showed to go through with the restraining order. She stated the Probation officer told her she needed to file if she didnt want to be violated. But there was no chance i could take on fed probation at the time. Still is now. I dont have any dealings with either of them since.

    SO my question is.........
    Since her mom admitted i didnt touch her in the hearing, her daughter stated i pushed her. I plead to the mom's allegation (lessened charge of just simple assault) then when in state court i took a plea at my best interest because of the ex playing the middle not knowing what kind of witness ( for her mom or the truth) she would be this time, and all of the telling prosecutors lies about me, and false reports and me not able to speak up because im in jail, and all of the money i spent (10,500), staying in jail extra 2-6 months because of her moms allegations and false characterization of me to fed prosecutors(& OR her allegations, not known if she flip it after she found out i was talking to another female), the bogus restraining orders when i obviously couldnt attend lying as if she was talking me to when she was doing the calling IS THERE ANYTHING I CAN DO ABOUT SLANDER OR DEFAMATION OF CHARACTER? I WANT TO SUE AS SOON AS ALL THIS PROBATION STUFF IS OVER. TO THIS DAY THE PROBATION OFFICE THINKS I AM WHO HER MOMS SAID I WAS AND THEY ACT ACCORDING TREATING ME AS IF I MURDERED SOMEONE BUT OTHERS THE DO NOT.
    I HAVE NEVER DID ANY JAIL TIME UNTIL THEN, ONLY A TWO MISDEMEANORS, COLLEGE GRAD (& PURSUING MBA AT THAT TIME), BUSINESS OWNER, NICE CAR, HOME, ETC. I HAVE NEVER IN MY LIFE EXPERIENCED SO MUCH PAIN, ANGUISH, STRESS AND HARD TIMES. WHAT CAN I DO AS FAR AS A LAWSUIT FOR SLANDER? CAN I SUE EITHER OF THEM? HER MOM ACTUALLY IS ONE OF THOSE EVIL TYPE OF LADIES THAT EVERYONE STAYS AWAY FROM TOO, NO FRIENDS, HUSBAND OR BOYFRIEND, KIDS STAY AWAY FROM HER. AND THE EX SIMPLY JUST DOES WHATEVER TO MAKE HER LOOK INNOCENT. I LOOK LIKE THE BAD GUY HERE AND I DONT APPRECIATE IT NOR DO I WANT TO JUST SIT AND LET THIS GO AWAY LIKE IT DIDNT HAPPEN WITHOUT SPEAKING IN CIVIL COURT SINCE I WAS JAMMED TO THE POINT WHERE I COULDNT TALK IN A CRIMIMAL COURT. POINT ME IN THE RIGHT DIRECTION PLEASE. THIS BOTHERS ME EVERYDAY THAT PEOPLE CAN GET AWAY WITH THIS.

    SORRY FOR THE LENGTH BUT IT WAS DEFINITELY NEEDED.
    THANKS IF YOU RESPOND. I NEED SOME TRUE ADVICE.
    You can file a claim for false imprisonment and malicious prosecution. In addition, you may have a claim for defamation, and false light. The difficulty would be proving that she filed it maliciously for some of the claims.

  5. #5
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    Default Re: How to Sue an Ex-Girlfriend Over a False Domestic Violence Report

    Quote Quoting amlebede
    View Post
    You can file a claim for false imprisonment and malicious prosecution. In addition, you may have a claim for defamation, and false light. The difficulty would be proving that she filed it maliciously for some of the claims.


    You have absolutely no idea what you're talking about, do you?

    Please explain - providing the statutes etc., - the reasoning behind your response.

    Thanks.

  6. #6
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    Default Re: How to Sue an Ex-Girlfriend Over a False Domestic Violence Report

    Quote Quoting Dogmatique
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    You have absolutely no idea what you're talking about, do you?

    Please explain - providing the statutes etc., - the reasoning behind your response.

    Thanks.
    Malicious prosecution - "An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice."
    It cannot be filed against a DA but against a person aiding the prosecution without probable cause.

    False imprisonment is a restraint of a person in a bounded area without justification or consent. Here, the ex-girlfriend caused the victim to be imprisoned without justification.

    Defamation is the making of false statements, oral or written, about another person. There are two types of defamation, libel and slander. Here, the ex-girlfriend made false statements about the victim.

    In general, false light means:

    A publication by the Defendant about the Plaintiff;
    made with actual malice
    which places the Plaintiff in a false light; AND
    that would be highly offensive (i.e., embarrassing to reasonable persons).

    I could see all of these causes of actions in the case.

  7. #7
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    Default Re: How to Sue an Ex-Girlfriend Over a False Domestic Violence Report

    Quote Quoting amlebede
    View Post
    Malicious prosecution - "An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice."
    It cannot be filed against a DA but against a person aiding the prosecution without probable cause.

    False imprisonment is a restraint of a person in a bounded area without justification or consent. Here, the ex-girlfriend caused the victim to be imprisoned without justification.

    Defamation is the making of false statements, oral or written, about another person. There are two types of defamation, libel and slander. Here, the ex-girlfriend made false statements about the victim.

    In general, false light means:

    A publication by the Defendant about the Plaintiff;
    made with actual malice
    which places the Plaintiff in a false light; AND
    that would be highly offensive (i.e., embarrassing to reasonable persons).

    I could see all of these causes of actions in the case.

    Please explain to the rest of us how statements used in court can support a defamation claim.

    Please, and I asked very politely, provide the statutes under which such claims would fall.

    I'll wait.

  8. #8
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    Default Re: How to Sue an Ex-Girlfriend Over a False Domestic Violence Report

    Libel and slander are both types of defamation – libel being written defamation and slander
    being spoken defamation. Quality Auto Parts Co., Inc. v. Bluff City Buick Co., Inc., 876
    S.W.2d 818, 820 (Tenn. 1994). Under Tennessee law, to establish a prima facie claim of
    defamation, a plaintiff must prove that: “1) a party published a statement; 2) with knowledge
    that the statement is false and defaming to the other; or 3) with reckless disregard for the
    truth of the statement or with negligence in failing to ascertain the truth of the statement.”
    Sullivan v. Baptist Memorial Hosp., 995 S.W.2d 569, 571 (Tenn. 1994); Press, Inc. v.
    Verran, 569 S.W.2d 435, 442 (Tenn. 1978). In this context, the word “publication” is simply
    “a term of art meaning the communication of a defamatory matter to a third person.”
    Sullivan, 995 S.W.2d at 571-72 (citing Quality Auto Parts Co., 876 S.W.2d at 821).

    It is not statutory. It is case law. The ex-girlfriend made numerous false statements to police officers, a prosecutor, and other people around there that would damage the victim's reputation in society. She appeared to have reckless disregard for the truthfulness of the statements.

  9. #9
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    Default Re: How to Sue an Ex-Girlfriend Over a False Domestic Violence Report

    You are absolutely clueless.

    Absolutely clueless.

    OP, please ignore this poster. With any luck (and the moderator's Most Gracious Hammer), s/he won't be here long.

  10. #10
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    Default Re: How to Sue an Ex-Girlfriend Over a False Domestic Violence Report

    Quote Quoting Dogmatique
    View Post
    You are absolutely clueless.

    Absolutely clueless.

    OP, please ignore this poster. With any luck (and the moderator's Most Gracious Hammer), s/he won't be here long.
    How is it not a claim? Explain.

    Someone said something about someone to another person, it was not true, the person saying didn't care if it was true and most likely knew it wasn't true. This caused damages to reputation as well as legal costs and loss of liberty. Sounds like defamation to me.

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