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    pmartin2's Avatar
    pmartin2 Posts: 5, Reputation: 1
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    #1

    Nov 17, 2011, 10:41 AM
    Can I sue for defarmation of character?
    My husbands girlfriend had me arrested for harassment. We are in the process of a divorce because of her. I had a warrant & I had 10 days to turn myself in. I did so. That meant that my name was in all the local papers for an arrest for harassment. I was booked, fingerprinted the whole process. We went to court & the case against me was dimissed because she had no proof but one of the police reports that she had filed against me. So now I have been humilitated because everybody has seen my name in the paper for something I didn't do. The humiliation for my children & I. I had to tell my boss so that I wouldn't lose my job. Someone called my job impersonating the local sherriff's dept. My co-worker answered the phone & she just happened to know about the situation. Not everybody at my job knew about the situation. This has just humiliated me & my family. I live in a small town were everybody knows everybody. I was embarrassed to even show my face at my church because of it.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 17, 2011, 10:45 AM
    Quote Originally Posted by pmartin2 View Post
    I live in a small town were everybody knows everybody. I was embarrassed to even show my face at my church because of it.
    See I find this to be a paradoxical statement. If everyone knows everyone then they would know you and find such accusations hard to believe. They will also know that the charges were dismissed.

    Yes you can sue for defamation or you can press charges for filing a false police report. To win a defamation case you would have to show you were damaged in some way. Now if you had been fired that would be a different story.
    pmartin2's Avatar
    pmartin2 Posts: 5, Reputation: 1
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    #3

    Nov 17, 2011, 10:49 AM
    What would I have to do to press charges for filing a false police report?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Nov 17, 2011, 12:23 PM
    Go to the local police. Take a copy of the dismissal by the court and show them the claims made in the police report were false and malicious and you want her charged with filing a false report.
    pmartin2's Avatar
    pmartin2 Posts: 5, Reputation: 1
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    #5

    Nov 17, 2011, 01:14 PM
    How long do I have to file the charges? This took place in September 2011.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Nov 17, 2011, 01:21 PM
    That should be within a reasonable time frame. But it will depend on your local laws. So I would go to the police tomorrow. If asked why you waited so long, you can just say that you didn't know what rights you had.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Nov 17, 2011, 02:16 PM
    Not that anyone will like my suggestion, how about moving on with the divorce, stop worrying about getting back at the other person, that way in a small town, people will know you took the high road and did not just file to get even and get back at them.
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