Are there consequences for alleged complainants filing false criminal charges and protection orders?

Asked about 5 years ago - Maryland

The complainant is actually a stalker that files retalitory false criminal charges and protection orders. To date - we have not had a trial because he dismisses the complaints. It is a practice that he uses to harass me through the legal system. He provides former addresses in hopes that they will convert to warrants in which I have been arrested as well. Once charges are dismissed - he starts the process all over again. This has been going on for a few years. The stalker is a former mate who is obsessed with me. I have concrete evidence as I now document and record (video) my whereabouts due to the lies. (I can't control the actions of the stalker but I can document/track myself to prove that I am not doing the things that I am accused of. These videos are date/time stamped.)

Attorney answers (1)

  1. John C Belcher

    Contributor Level 14

    Answered . If the complainant has not ceased his harassing conduct, you may wish to consider instituting a lawsuit seeking damages for abuse of process (which would apply to the domestic violence orders) and malicious prosecution (which would apply to the false criminal charges). As part of such a suit, you could also seek a permanent injunction. Of course to succeed with any of these claims, you would have to prove your allegations in court, which would probably require that you pay substantial sums for an attorney, since these are not easy causes of action.

    Also, stalking is a serious criminal offense. If you are using that term literally--meaning that the obsessed fellow is following you, lurking around your home or place of business to spy on you, and engaging in similar conduct for the purpose of disturbing you--then you really should report his conduct to the police, speak to the State's Attorney for your county, or visit a District Court commissioner to file an Application for a Statement of Charges.

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