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
Answers:
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.
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