Someone filed a false protection order against me. Can I sue for defamation/libel, and damages?

4 views 4 answers
My ex-girlfriend filed two false police reports and an order of protection against me. She accused me of vandalism, stalking, and harassment. The police ruled me out as a suspect and at the hearing, she dropped her claim. What's more is that her accusations in the order of protection don't match what's in the police reports. Some things actually contradict each other. The protection order has been vacated but my legal defense wasn't cheap. What recourse do I have?

Attorney Answers

4
Robert Kuehl ·
I am sorry that you’ve had to go through this. With respect to defamation, statements made to the police and in the course of the proceeding are absolutely privileged. If she made false and unprivileged statements of fact to other third parties about you, then you most likely have a cause of action for defamation (if the words impute commission of a crime, damages would be presumed), and there may be other claims available to you as well, including false light invasion of privacy and intentional infliction of emotional distress. From what you have posted, it appears that you have a claim for malicious prosecution (even though that cause of action is disfavored in Illinois). Sit down with an attorney and all relevant documentation to discuss. Whether or not it is worth it to you to pay an attorney to pursue her on your behalf in light of what has happened is a decision you will need to make. Good luck! Robert T. Kuehl Kuehl Law, P.C. Chicago, Illinois 312-840-8270 Email: [email protected] Website: www.kuehllawpc.com
0 upvotes
Judy Goldstein ·
Unfortunately, you do not have much recourse. Speak to your lawyer to see if there is any way he can seek fees from your ex.
0 upvotes
Christian K. Lassen IIPersonal Injury LawyerPhiladelphia, PA ·
You want some good advice? Put this girl out of your mind and move on with your life unless you want to spend thousands on legal fees and likely recover nada.
0 upvotes
Michael Walker ·
It more more likely that legal fee would exceed any amount of a recovery in this instance. Mike Walker
0 upvotes