Pico Rivera, CA asked in Domestic Violence, Family Law and Child Custody for California

Q: What can I do if my Ex girlfriend made false allegations of domestic violence against me?

my ex girlfriend made false allegations of domestic violence so she can try to make me loose my rights for my daughter I was arrested and spent 6 days on county jail. I posted bail and fought my case taking it to trial and was found not guilty she even admitted during the trial it was all a lie just so I can get in trouble. She has prios for making false allegations in the past once with her ex boyfriend and once with her own mother. My question is what can I do since I was found not guilty of the crime and have lost a lot due to it is there a way to make her get in trouble with family court judge and even possibly take her to court and hold her accountable for her actions?

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
  • Jess Ranch, CA
  • Licensed in California

A: You could sue her for malicious prosecution, however, any attorney before taking such a case will want to know whether she has any assets or ability to pay damages if the case is successful. However, you could also sue the agency which filed the case and took it to trial, unless she did it herself. If a district attorney prosecuted the case, you might have a case against their office. You should discuss this with a lawyer of your choice.

James L. Arrasmith
James L. Arrasmith PRO label
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your ex-girlfriend's false allegations of domestic violence resulted in negative consequences for you, such as an arrest and lost custody of your daughter, you may have legal recourse to hold her accountable for her actions. Here are some potential options:

File a lawsuit for defamation: If your ex-girlfriend made false statements about you that harmed your reputation, you may be able to file a lawsuit for defamation. To prove defamation, you must show that your ex-girlfriend made a false statement about you to a third party that caused you harm.

Pursue legal action in family court: If your ex-girlfriend's false allegations resulted in you losing custody of your daughter, you may be able to pursue legal action in family court to have the custody order modified or reversed. You could also ask the family court judge to order your ex-girlfriend to pay for any legal fees you incurred as a result of the false allegations.

Report her to the authorities: If your ex-girlfriend has a history of making false allegations, you may be able to report her to the authorities for filing a false police report. This could result in criminal charges being brought against her.

It's important to consult with a qualified attorney who specializes in domestic violence and family law to determine the best course of action for your specific situation.

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