COLORADO LAW My xgf filed false charges against me. Can I file civil case before criminal charges are dropped?

I have substantial evidence that my x-gf lied to police to purposefully get me arrested. This costed me several thousand $$$'s, lost work, bond costs, etc. I want restitution. However, I am in fear she may leave the state or move to where I can't find her. My case has been set for trial and I am 100% sure I will win and charges will be dropped.

Can I file the civil small claims case against her before the trial occurs and the charges are dropped? Again reason being is that I want the summons served to her ASAP as I have reason to believe she may be moving and I won't know where.

Perhaps I can keep getting continuances on the civil case until the criminal is over?

Or am I going to set myself up for failure by filing before the criminal is complete?

Thanks for everyone's help!

4 Answers

  • 1 decade ago
    Favorite Answer

    The first responder pretty much spelled it out like it is.

    Once you have been exonerated you can file charges

    against her for malicious prosecution but you need to

    be careful in the manner in which your case was dismissed.

    If it was dismissed due to insufficient evidence then your

    ex girl friend may have been justified. You case needs

    to dismissed in its entirety or dismissed with prejudice,

    ( prejudice meaning that the case can not be re-tried, this

    rarely happens).

    Once your case has been dropped, you can file a small

    claims action against her, or a civil action if the damage

    was greater than you can receive in small claims court.

    You need to find out about the summons issues in your

    state and follow them. In California supoena only has

    to be left in plain view such as on a persons door step.

    If she fails to show up at the appointed time you should

    win on default.

    Check with the post office to see if she has left a forwarding

    address, also the utility company may have an address

    for the final bill.

    Good luck

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  • 1 decade ago

    You will need to wait until you receive exoneration in the criminal case.

    Here's why.

    In virtually every state, statements made to the police/authorities in a criminal case (and particularly those in court) are absolutely privileged. This means that you cannot bring an action for defamation or anything else based on those statements.

    However,once exonerated, you can bring a malicious prosecution/defamation action against the complaining witness (in most states) if you can PROVE that her statements were knowingly false, and were intended to harrass you or deprive you of your rights.

    It is VERY difficult to prove these cases. Winning the criminal case is not nearly enough (reason: an acauittal only means that there was not enough evidence to prove you guilty beyond a reasonable doubt, it does not mean you are innocent, it does not mean that ex was lying, just that there was some "doubt" that you were guilty).

    You should think long and hard before you go down this road. Few reputable attorneys take these cases (rarely successful, and even if successful, how much is case worth -- if you could win a big judgment, could exgf actually pay tons of money? Enough to pay lawyer?)

    Remember, this is merely an overview of various jurisdictions. Laws in your state may differ, and you should consult an attorney licensed in your state, as only a licensed attorney may provide legal advice.

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  • 5 years ago

    Criminal Record Search Database :

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  • wallin
    Lv 4
    4 years ago

    you're dealing with a woman who has psychological wellness subject concerns. in case you have adequate harassment you may constantly record for a restraining order yet which would be perplexing when you consider that she lives so close to to you.. i might recommend which you progression so as which you would be able to get peace on your life.

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