Legal Question in Civil Litigation in Alabama
Frivolous charges
My sisters boyfriend was arrested at their house for domestic violence. He was put in jail and had to turn in all his firearms. He threatend to kill her, himself and his dog.He pulled a gun and a knife on her. He went to court and pleaded not guilty. He is taking this to a jury trial. He said that if he was found guilty he was going to take my sister to court and file frivolous charges against her. He had a restraining order against him and during this time my sister moved out of his house. How can he do this. She did not lie, the cops came and took him away. His court case is in a few weeks.Should my sister be alarmed. I personally think he hasn't a leg to stand on. Please advise me. He also told her that she would end up paying him alot of money.
1 Answer from Attorneys
Re: Frivolous charges
Tell your sister to relax and be brave. Take the dickwad to court and put him in jail where he belongs - preferably for a long, long time. He will not sue her, he will not make her pay money. If he tried, he would be laughed out of court - even if he is found innocent. Unless your sister is totally fabricating what happened, she need not worry about legal consequences to her. Assholes like him make these threats all the time. It is part of their intimidation factor and it is technically a violation of the criminal law and she should report these threats to the DA. He should not be contacting her period!! Bottom line: tell him to go fuck himself. Sorry for the french, but sometimes it's necessary.
Sterling L. DeRamus
Attorney at Law