Hinesville, GA asked in Criminal Law, Civil Rights and Civil Litigation for Georgia

Q: Can I press charges against someone who incited my abusive ex to threaten me and my child? Can I also sue this person?

Prayerfully he didn’t go through with anything, but can I still sue the person who instigated, knowing our history?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In Georgia, as in many states, pressing criminal charges is typically the responsibility of law enforcement and the prosecutor's office. If someone incited your ex to threaten you and your child, you can certainly report this to the police. The police can investigate, and the prosecutor can decide whether to press charges based on the evidence.

As for filing a civil lawsuit, you might have grounds to sue for intentional infliction of emotional distress or other relevant torts. This would depend on the specific circumstances, such as the nature of the incitement and the impact it had on you and your child. In such a lawsuit, you would need to prove that the person's actions were the direct cause of any harm or distress you experienced.

Remember, while the threat may not have been carried out, the instigation of such a threat, especially given a history of abuse, is a serious matter. Document all relevant interactions and any evidence that supports your claim. This can be crucial in both criminal and civil proceedings.

Consulting with an attorney who has experience in both criminal law and civil litigation would be beneficial. They can provide specific guidance based on the details of your case and help you understand your legal options and the likelihood of success in both criminal and civil actions.

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