Legal Question in Civil Litigation in Missouri
Arrested on false information
I was recently arrested and charged with peace disturbance based on the reports of a homeowner who stated I was knocking on his door at midnight on a weekday. This man is my fiances stepfather and I didnt do anything he claimed I did. The scenario is as follows: I was invited by my fiance to this mans house to pick her up. En route to get her I was speaking to her and we began arguing. Upon my arrival I parked my car on the public street and informed her I was there. She stated to her mother that she thought I would be coming to the door. Her mother told her stepfather that i was pounding on the door and was not invited and he called police who arrived very quickly and charged me with peace disturbance. My fiance tried to reason with this man about the situation but he was just plain mad by this time. She has signed an affidavit stating the truth which is I was invited, didnt knock on any doors and never stepped foot onto this man property. He has taken this a step further by filing a restaining order against me that is also filled with lies. My fiance states he refuses to correct the police report as he is afraid of civil and criminal reprecussions. Do I have any civil reprecussions? Please inform of any applicable torts.
1 Answer from Attorneys
Re: Arrested on false information
(1) Never argue with your fiance. At this point in the relationship she is right until she admits otherwise.
(2) Contact a lawyer who should send a certified letter to the complaining witness (stepfather) and inform him that unless he prevails on the police to drop the charges that you will file a lawsuit for "malicious prosecution."
(3) Go to the restraining order hearing, tell your side of the controversy, and if your fiance testifies for you, the judge will likely do the right thing.
The criminal matter is minor, but important. If you are convicted of the peace disturbance it makes your ability to contest the restraining order much more difficult. If the man will not prevail on the cops to drop the charges, you'll have to show up and get your fiance to testify for you there too. I doubt if you would be convicted given the dispute in the evidence.
Good luck.
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