Orlando, FL asked in Civil Rights, Constitutional Law and Small Claims for Florida

Q: If I get dv battery charge dropped in fl, what lawful civil retribution should I do?

Filing false police report, pain n suffering like whole unnecessary arrest, imprisonment and court fees? Kicked out of own house after she already moved out due to can't return to scene she claimed. Forced to abandon dogs until trial is done.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Consumer Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Retribution means punishing for revenge. I assume that's not what you mean; that you instead mean to ask what legal action you can take to seek monetary compensation for your loss of liberty, economic losses, and emotional distress. You certainly may sue your accuser (your ex) for malicious prosecution and defamation of character if you can prove she intentionally and knowingly gave false info to police in order to get you charged with a crime you did not commit. Also, if you can prove it, she could be charged with the crime of making a false police report, and if she's convicted, that would help your potential civil claim against her.

However, a problem in a large percentage of these cases is having he said-she said scenarios in which it's hard to prove the wrongful intent of the accuser. Assuming you can prove it, another frequent problem is not knowing if you can collect on a money judgment against the accuser.

For these reasons, you might not be able to find any attorney to represent you, except for substantial up-front fees and costs that may far exceed whatever $$ you might be able to recover. If that's the case, you have the option of representing yourself in small claims court, where you may sue for a maximum of $8,000 + court costs. Though you may have that option, it may or may not be a wise course of action - it could result in your ex filing some type of counterclaim against you.

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