If my husband made false statements to police and I was arrested as a result, can I sue him for filing a false police report?

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If my husband made false statements to police and I was arrested as a result, can I sue him for filing a false police report?

We were arguing and I was trying to leave him at the time. The charge was domestic tampering with a witness by denying access to emergency services, a felony charge. During my first appearance the judge dropped the charge from a felony to a misdemeanor. I was released the next day. Three days later my husband dropped the charges. He later told me he had me arrested because he just wanted me to faster. He has since admitted to me that he lied to the police saying that I had slapped the phone out of his hand when he said he was going to call 911. Formal charges were never filed.

Asked on April 30, 2014 under Personal Injury, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can sue your husband for filing a false police report and for intentional infliction of emotional distress.  These are separate causes of action (claims) in your lawsuit.

Intentional infliction of emotional distress is an extreme and outrageous act intended to cause and which does cause you emotional distress.

 


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