I am in the midst of getting a divorce in the state of New York. I caught my wife cheating on me with another man. When this happened I asked her to leave home and filed for a divorce. Shortly after that, my wife filed a criminal complaint against me, falsely charging me with harrassment, stalking, physical abuse and other issues. The criminal complaint has 8 charges, 6 misdemeanors and 2 violations. In addition, she went to court and received an order of protection against me. When I went to the local precint to be served with the order of protection, the officer placed me under arrest because of the criminal complaint she had filed against me. I spent 28 hours in jail awaiting arraignment. I was arraigned and appeared in family court in February. At that time the case was forwarded to the Domestic Violence Unit of the Supreme Court to handle both the order of protection and the criminal charges. I appeared in court on March 9th and refused to accept the plea deal offered by the ADA because I have done nothing wrong. The next day, my wife tried to contact me on the phone and through her sister. I refused to answer the phone calls. She also came to my apartment that evening asking to speak to me. I refused to answer the door or speak to her and called the police and filed a domestic incident report. I did this to avoid violating the order of protection. When I was speaking to the police, my wife went to my mother's house, saying she was sorry for filing the charges, that she lied when she filled out the report and didnt expect it to go this far and that she wanted to drop the charges and put an end to all of this. I called my attorney and reported all this to them. I addition, I provided my attorney with my telephone records and a photo from my apartment's security camera showing that she came to my apartment, plus the report I filed with the NYDP.

My question is can I file criminal charges against my wife for a false police report and false arrest. In addition, can I sue her for damages, such as the $3500 I have spent to date, plus the fact that this situation was brought to the attention of my employer by the NYPD, the emotional distress, loss of time at work to defend myself, etc.

Can a complaint be filed against her for malicious prosecution as well????