Legal Question in Criminal Law in Florida

Can someone please advise me as to whether or not I have any legal action in this situation? I have been separated from my wife now for 3 1/2 yrs; we have two daughters 18, 15 yrs old. I do pay child support on a monthly basis. We were married in 1992. I currently am in the final steps of divorce of course with no cooperation from her. When the separation actually occurred she was arrested for Felony Battery, She came at me with a knife, I foolishly dropped that charge against her to save my daughters any further emotional pain due to the separation, since then she has done everything imaginable to make my life a living HELL. She attacked me on my motorcycle during our first year of separation, I was granted a 2 yr restraining order at that time, however this order did not stop the constant phone calls, text messages and repeated attempts to anonymously have the police sent to where ever I was staying at the time to catch a most wanted fugitive that she had seen on a poster at the post office. This most recent attempt, I am hoping I might have some kind of legal action of some kind. For the past 3yrs I have been going out of state for the summer months with my current girlfriend who has not been exempt from the harassment, however has managed for the biggest part of it to stay out of it for my daughters . I fly to Florida monthly to attend appointments and hopefully see my daughters, if I can manage to get over to see them when their mother is sleeping . This last month she called the airport on my scheduled day to leave once again anonymously however the acting officer asked me if I had an ex that was out to get me and said her name. She called the airport and alerted them to the fact I was carrying drugs, of course this was not true however due to this accusation I missed not only my scheduled flight but the one following that. When I was finally cleared to fly. I arrived close to 6 hours later tha scheduled. Is there any recourse I can take against her for this false accusations? Is the fact that we are still legally married make it impossible like so many other situations in the past to take a step to ending this harassment?


Asked on 8/31/11, 9:09 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

You being married to her still has nothing to do with this. You can sue her for falsely accusing you, which is a felony. You need to talk to a civil attorney about this, and also report these actions to the police. They don't like to deal with "domestic" situations but a crime has been committed so you need to protect yourself. So, contact both the police and a civil attorney immediately.

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Answered on 9/06/11, 2:00 pm


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