Can someone sue for defamation after they were arrested 12 mos. ago for intentions of verbal /physical abuse?

Question

I had my boyfriend's ex-wife arrested January 07 for harassment, threatening with a knife and sharp objects, plus for verbal abuse in public, as her child was viewing this, against me. She was picked up by the police as I made my complaint. Now, her case was dismissed from court after 12 months, and 1 year of order of protection from her to stay away from me; then recently she made a remark through a third party that she was inquiring about sueing me for defamation, although she's had psych evaluations and Children Services come to her home for proof of child endangerment. They miraculously cleared her as not a threat to society, yet she continues to be a threat, indirectly-through a third party- to my life. Constant bad mouthing and cursing about me. Does she have a leg to stand on? Should I seek some kind of legal rights? I don't have the order of protection any longer, since the case closed this December. Please someone help me.

Answer 1

Anyone can sue anyone for anything.

She cannot, however, win.

Complaints to the police are very highly protected, as we as a society want to encourage people to report stuff to the cops without being worried about a suit.

To win she'd have to prove that everything you told the cops was false, that you knew it was false, and that you made it with malicious intent.

The mere fact that she wasn't convicted doesn't mean that what you said wasn't true - or that even if it wasn't true that you reasonably believed it to be.

Richard

Answer 2

Physical Abuse

Answer 3

She's got a snowball's chance in Hell. She's blowing smoke up... you know. Relax a little bit it sounds as if she just full of hot air. If she hasn't even got the guts to contact you directly she is probably harmless. But on the off chance that she isn't, check to see if there is a not contact clause in the order of protection which there should be because if I am not mistaken she is in violation of the protection order by making contact through a third party.