How to stop getting sued

[john_5657]

I hope this post is in the right place

Ok so my friend's ex girlfriend decided to sue him for some DVDs and other posessions which she has no receipts for. Regardless his ex girlfriend is constantly sueing people and does it to harass people. So my friend shows up at court and his current girlfriend goes with him.

While leaving his current girlfriend exchanges some improper language with the ex girlfriend.

A couple hours later the Police call his current girlfriend and say that the ex claims she tried to run her over with her car and is pressing charges.

Then the police show up at my friends house and apparantly the ex said something and they took all of his guns away.

Im sorry I dont have all the details right now but will try to get them.

My questions are simple and hopefully someone can help.
1) What does it mean to press charges doesnt a crime have to be committed to do so?

2) Is there any law or anything you can do if someone is sueing you just to harass you?(in order to stop the never ending cycle)

3) Can the police take your guns away if no crime has been commited?

Any advise for my friend?

Thanks
JD

[cdwjava]

While leaving his current girlfriend exchanges some improper language with the ex girlfriend.

Never a good idea.

A couple hours later the Police call his current girlfriend and say that the ex claims she tried to run her over with her car and is pressing charges.

Okay.

Then the police show up at my friends house and apparantly the ex said something and they took all of his guns away.

There wsa likely some lawful reason for this. My guess would be that the girl obtained a restraining order and the police served it on him. Having a restraining order served on you usually means having to give up your guns.

There might be other reasons as well. Each state has slightly differing laws in this regard.

Im sorry I dont have all the details right now but will try to get them.

That would help.

1) What does it mean to press charges doesnt a crime have to be committed to do so?

A person can request charges by reporting an allegation of a crime to the police. The police then forward it to the DA who will evaluate the matter and decide if they can take it to court or not. In some states a private person can "swear out" a complaint or warrant against another before a magistrate, but this is rare.

2) Is there any law or anything you can do if someone is sueing you just to harass you?(in order to stop the never ending cycle)

You'd have to prove that the lawsuit is simply to harass and without validity. This is a hard thing to prove. But, it wouldn't hurt to consult an attorney.

3) Can the police take your guns away if no crime has been commited?

Under certain circumstances, yes. And you are assuming that no crime has been committed ... well, you say there was none, and apparently the other party says there was. Ultimately the courts will decide ... unless the DA drops the whole thing.

Any advise for my friend?

Hire an attorney.

- Carl