Asked in Domestic Violence and Libel & Slander for Texas

Q: When can I sue after being wrongfully accused of domestic violence

How do I go about suing for being wrongfully accused of domestic violence

1 Lawyer Answer
Kiele Linroth Pace
Kiele Linroth Pace
  • Domestic Violence Lawyer
  • Austin, TX
  • Licensed in Texas

A: Lawsuits for "malicious prosecution" are not common, but they are possible under Texas law. To win, you must show:

1. a criminal case was started against you.

2. the other person caused the case, for example by knowingly providing false information to police.

3. you won.

4. you were innocent.

5. the person that caused the case lacked probable cause to initiate the criminal proceeding.

6. the person that caused the case acted with malice... this can sometimes be inferred.

7. the case caused damages for you.

You have 1 year from the date that the prosecution ENDS to sue for malicious prosecution. Beyond that you are blocked by that statute of limitations.

For more information, see: MARIN REAL EST. v. VOGT, 04-10-00602-CV (Tex.App.-San Antonio 11-23-2011)

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