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Recourse on False / Exaggerated Harassment Complaint (Criminal)

New York, NY |

A former casual sex partner has filed a false criminal domestic violence harassment complaint stating that we were in a relationship and that I was harassing him via text message and posted an escort ad on line with his name and phone number on it ( we are both gay ) . I had to spend the night in jail and have retained a criminal defense attorney . 1 . What recourse do I have to protect myself and strike back in criminal court ? My attorney doesn't seem particularly zealous on this point . 2 . What should I do to protect myself and move first in civil court ? Can I get a restraining order in civil court contemporaneous to the criminal case ? Can I even initiate a civil complaint while the criminal case is ongoing ?

Attorney Answers 4


  1. You have little recourse in civil court because the law says that a civilian is immune for making a complant to the police (who are free to investigate and decide whether to arrest or not) unless the person insists the police make an arrest.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.


  2. If you iindeed retained a defense attorney, why aren't you posing these questions to him or her?
    That would seem the best course for you.

    Law Office Of Michael Marley
    Phone 917 853 4484


  3. Your attorney is not excited about "getting back" at the complainant because it would be counterproductive to why you hired him....to avoid conviction. A civil suit should always await disposition of the cirminal matter because if you are not criminally sucessful, your civil suit won't go anywhere. An order of protection would only be available if you filed a separate criminal complaint with the police or if you got a family offense petition filed in family court, which would be your best bet for such order

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  4. This is a question you should be asking your attorney who you retained. Getting an answer may just confuse the issue as he is in the best position to advise you.

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