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  1. #1
    Join Date
    May 2016
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    Default Can You Sue Somebody Who Made a False Police Report and Lost a Restraining Order Case

    My question involves defamation in the state of: California

    The woman who lives in the home next to mine filed a Temporary Restraining Order on my husband. She had accused him of shooting her security camera with an air gun in addition to other completely false accusations. She was denied the Permanent Restraining Order due to lack of evidence and unvalidated accusations.

    Upon losing, she then contacted the police regarding the original accusations and added some additional ones not originally included in her TRO decalration.We have received 2 calls from 2 different detective inquiring about the allegations but no other follow up once we informed them our attorney would be in touch.

    Now the woman has contacted our property management company regarding the air gun allegation as well as an additional new allegation including pepper spray. Again false.

    We are being harrassed and I'm concerned she will be calling our places of business next. IS there any basis for defamation or harrasment here.

    Any help would be appreciated, thank you.

    W

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,452

    Default Re: Neigbor Filed Restraing Order, Called Police, Called Landlord. No Evidence

    Quote Quoting AW006
    View Post
    My question involves defamation in the state of: California

    The woman who lives in the home next to mine filed a Temporary Restraining Order on my husband. She had accused him of shooting her security camera with an air gun in addition to other completely false accusations. She was denied the Permanent Restraining Order due to lack of evidence and unvalidated accusations.
    So, she sought an ex parte civil harassment order and it was denied? Or did it go to hearing and she was denied at the hearing?

    Upon losing, she then contacted the police regarding the original accusations and added some additional ones not originally included in her TRO decalration.We have received 2 calls from 2 different detective inquiring about the allegations but no other follow up once we informed them our attorney would be in touch.
    Okay ... so, now the police are investigating the matter as a vandalism? Chances are they will not spend a lot of time on that and the matter will disappear. Most police agencies and DAs are not wasting time on misdemeanor property crimes ... it's a budget thing. But, of course, if her video surveillance has your husband shooting at the camera, that can be a problem.

    Now the woman has contacted our property management company regarding the air gun allegation as well as an additional new allegation including pepper spray. Again false.
    Okay. She can CONTACT most anyone she wants. It doesn't mean that anything will come of it. Has it?

    We are being harrassed and I'm concerned she will be calling our places of business next. IS there any basis for defamation or harrasment here.
    I suppose you can try to sue her for some form of defamation ... though it might cost you a lot of money to go to court and to seek depositions from your property manager and other witnesses, and without any articulable damages, you may find it not worth the effort and cost.

    I suspect that when nothing happens with from her machinations, the issue may die a natural death. If you engage her it may only keep her going.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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