Can you sue someone that had you falsely arrested and if so is there a statue of limitation on that? I live in Nassau county

Asked over 3 years ago - Valley Stream, NY

My husband had me arrested for menacing. I had to spend a night in jail. I was removed from my job because of this situation. There was a video of the incident that showed I did not commit the crime. An order of protection was issued stating I had to stay away from my husband as well as our children. I took an acd because I was advised by my lawyer but I did not know the order of protection would remain in effect for six months.
Please advise,

Attorney answers (1)

  1. Eric Edward Rothstein

    Contributor Level 20

    Answered . Its a hard case. First, you would have to show that your husband did more than just report you to the police -- that he esentially made the police to arrest you. Second, why would you want to sue your husband? The statute of limitations is 1 year from the date of the incident. I don't think many lawyers would take your case.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more

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