What do I do if someone keeps filing false allegations against mewhich causesme to have to keep paying a lawyer and go to court?

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What do I do if someone keeps filing false allegations against mewhich causesme to have to keep paying a lawyer and go to court?

Last year a co-worker of mine falsely accused me of sexual harrassment. I had to get a lawyer and a 6 month restraing order was placed on me. Recently he filed more false allegations against me saying that I violated the order. Now I have to pay another lawyer and go back to court to defend myself against something that I did not do. What is my line of defense to clear my name and perhaps recoup my lawyers fees?

Asked on January 31, 2011 under Criminal Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You may have several different causes of action to consider:

1) Defamation: the false making of negative factual statements (not opinion; but allegations of sexual harassment would be factual statement) that damage your reputation may give rise to a cause of action for defamation. You could sue for damages.

2) There might be a cause of action for bringing a false or frivolous action, if this person is a party to any causes of action (e.g. has sued you) against you.

3) If you can prove this person is misusing the legal process--the courts, police, etc.--you may be able to both sue for that misuse and also attempt to get charges brought against him as well.

4) It may be you can the tables and accuse this person of harassing or stalking you and get a protective order against them.

You should discuss with your attorney, who can evaluate all the facts.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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