Legal Question in Criminal Law in Virginia

False Assault charges/Custody issue

I am in a custody issue with me ex. She went down and filed false assault charges against me to gain an advantage in our custody case. There was only one witness and it was her boyfriend. He did not testify that I hit, push or assaulted her. I was wondering can I file a suite against her for this? I was found not guilty and the charge was thrown out. She also filed the case 5 days after she said I hit her.

Carl


Asked on 4/14/05, 2:32 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: False Assault charges/Custody issue

Your question involves, apparently, whether or not you would have a basis to initiate a civil suit against your former spouse for malicious prosecution.

You could certainly file one, but based upon the facts as you've described them, I doubt very much whether you could win such a suit.

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Answered on 4/14/05, 5:00 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: False Assault charges/Custody issue

Custody law. Criminal law. Lawsuits for money. Your question covers three areas of law but is basically only the last - CAN I SUE?

Malicious prosecution is the basis for a civil lawsuit and requires that she had no basis of fact on which to base her prosecution. You speculate her motivation was for advantage in the custody case.

I'd say it is not a very good civil case. You need to have been harmed. Mere inconvenience of an unsuccessful criminal prosecution is not enough.

Can you sue? Sure. Will a lawyer take the case? Probably not.

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Answered on 4/14/05, 10:29 pm


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