Legal Question in Criminal Law in Massachusetts

My girlfriend (now ex girlfriend) and I shared a duplex. In April she and I had an argument over her use of drugs. She called the police on me and had me escorted out the door, claiiming I was "harassing" her. She then later called saying she was sorry and wanted me back. Like an idiot, I went back, paid the rent and utilities for May. Long story short, on the same day my rent check cleared, she again called the police and claimed I had "pushed" her. I was arrested, charged with A&B, had a restraining order placed against me, Her new boyfriend moved in same night she had me arrested. Long story short, criminal charges and TRO dropped. I think I was set up just to pay a free months worth of rent and utilities, no one has offered to pay back the money. Can I bring criminal charges against them?


Asked on 6/12/10, 4:41 pm

1 Answer from Attorneys
Dmitry Lev The Lev Law Firm

Well, certainly not against "them" -- it seems the new boyfriend himself didn't do anything criminal. As for the girlfriend: in theory she filed a false police report, which is a crime, but the chance of the prosecution wanting to pursue the charge is minimal, as are the chances of being able to prove that. On the civil side, you may be able to sue for abuse of process or malicious prosecution. On the civil side you generally sue for money. You may also be able to sue to get back your rent. But again, even if you win, the chance of you being able to actually collect from her is probably minimal given that she needed help paying rent. Further, it will cost you an arm and a leg in legal fees. Although, to collect for the rent you may be able to do it yourself in small claims. Be careful, however, if she filed a false police report once, what's to say she won't do it again?

Read more
Answered on 6/14/10, 6:32 am


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts