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Who all if any can be sued after false allegations have been cleared up. I am an Iowa resident and can't find help online.

Ames, IA |

My youngest child's mother had me arrested for Domestic Abuse/ bodily harm. After alleging I slapped my daughter whom we don't share across the face. Officers stated and took note my child had no physical marks to support the claim. Yet according to the alleged victim after she supposedly took me to the ground as stated. I assaulted her upon getting up. Her testimony from the police report, deposition, and protection order hearing have all been inconsistent. Furthermore I have text messages between me and her leading up to the time in which she states she is to beat me upon returning home. I have also in the text days before her stating what if I lied and said you beat me. Considering the only way to let you leave is to hate you. I have photos supporting my claim yet was still charged.

I have read the responses which are very helpful. Yet my question was more concerning is it possible to file a suit while or after the criminal charges are dismissed? Furthermore the local law enforcement has also not be truthful in this case Or it's handling of the case considering the incident occurred on 8/15/2013 yet they questioned her and her witness together and left a report with the two and retrieved it the following day. Officers also didn't turn in their report till ten days after incident. And was recorded via dash cam refusing to hear my witness testimony yet reported none of my witness wanted to give a statement. I wish to know what all parties can be sued once my innocence is reclaimed or are there actions that can be taken now?

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Attorney answers 6

Best Answer
Posted

Contact the police and ask them to charge her with filing a false police report.

The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.

Asker

Posted

The thing is Law enforcement was not truthful in their statement either dash cam and audio has them admitting they seen no marks on the child and even denying my witness the right to be heard. How do I handle that and can a law suit be applied?

Posted

If the charges against you have been proven false, request that the prosecutor investigate the accuser for making false statements to law enforcement.

Asker

Posted

I am currently in the process of going to trial and submitting motions. This information was just discovered after deposition.

Posted

Considering she might have filed a false police report, you can request an investigation to prove she was making false statements.

Asker

Posted

To whom is this request made to?

Posted

I agree with Mr. Varble. Contact the police and let them know, they should investigate and charge her for filling a false police report

Posted

Inform the police

Posted

Certainly, you could file a defamation claim against the woman who is providing false statements to the authorities. As a practical matter, it is unlikely there is insurance to pay for such a claim. Without an insurance policy to cover the loss, it is unlikely it would make economic sense to pursue this claim. The advice the other lawyers have given you so far probably makes the most sense, as it gives you a chance to do something about the false statements, yet it does not require you find a way to finance a lawsuit.