Recourse on False / Exaggerated Harassment Complaint (Criminal)

Asked over 1 year ago - 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. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.... more
  2. Michael Lewis Marley

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . 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. Marco Caviglia

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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... more
  4. Ronald Steven Nir

    Pro

    Contributor Level 12

    1

    Lawyer agrees

    Answered . 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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