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  1. #1

    Default Malicious Prosecution

    Hi.
    I have a question about law in the State of Massachusetts.

    Could someone, please, tell if there is a law against malicious prosecution. I mean that if someone is accusing me of criminal offenses (harrasment and identity fraud), but I can prove that the plaintiff is making those accusations frivolously, with intent to abuse the judicial system, and without any grounds.

    Is there something I can do about the individual who is slandering me in order to abuse the system? Please, point me into the right direction (to the right Chapter of the law)

    Thanks.

  2. #2

    Default Re: Malicious Prosecution

    Malicious prosecution doesn't apply to an individual filing a complaint of a criminal nature.

    Frivously and fraudulently are two different things. No matter how "frivolent" the matter, if it involves a criminal violation of ANY degree or nature, and there is basis for the complaint, it has merit - even if the complaint is just spitting on the sidewalk. If fabricated or fraudulent accusations are part of the mix, and those statements are given to police and result in criminal charges against you, then you ask for charges of filing a false police report to be brought. However, you'll need some pretty clear and convincing evidence for this to be a possibility.


    Is there something I can do about the individual who is slandering me in order to abuse the system? Please, point me into the right direction (to the right Chapter of the law)
    If you have damages resulting from slander, you can bring a civil case against the slanderer (but the hard part is QUANTIFYING damages - meaning, what numbers are you going to put on paper to show a court how you came up to the amount you're suing for, and what justification or documentation do you have to back up those numbers?).

    Since you posted this in the restraining order section, your complaint centers around someone asking for a restraining order against you, keep in mind that the requestor needs to prove to the court that they have REASONABLE belief, based on X, Y or, Z evidence that they submit to the court, that the order should be issued. Although a temporary order can be issued immediately, you do get a chance to address the court with your side (and thus your evidence that everything they just said was bogus) before a permanent issue from the court. Restraining order hearings typically also aren't considered for "maliscious prosecution", unless there has been a string of them, and all dismissed. A single filing isn't going to be considered.

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