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!
- justgetitrightLv 71 decade agoFavorite 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
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.
- robert_dodLv 61 decade ago
You will need to wait until you receive exoneration in the criminal case.
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.
- wallinLv 44 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.