Legal Question in Criminal Law in New York

How to deal with false claims of assault or threats

My Sister is the executor of a deceased uncle's estate. I wanted to buy his home(it is a summerhome).My sister listed the house with a local realtor and I bought the house. My Sister received verbal threats from a relative who lived in the area where the house is located several months ago,before I bought the house. Although she took the threats seriously,She decided not to do anything about it at the time. This relative hired an attorney and had the attorney write letters accusing me of threatening him. He and his family gave that as the reason that I should not be allowed to buy the house. Basically that I would be a threat to his family. I have not spoken to him in many months. I certainly did not threaten him or even run into him in the town where he lives. The last time I saw him was at the funeral for the deceased relative. The house I now own is on the same block as the house he rents and lives in year round. I am only there on the weekends. He is jealous that I was able to buy the home and he was not. I am concerned that he is going to continue to fabricate false claims of me assaulting and threatening his family and go to the police and try to have me arrested or get a restraining order. Can he do either of those things?


Asked on 12/15/04, 9:14 am

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: How to deal with false claims of assault or threats

This is a difficult problem. He can make up stories and lies about you. He has the physical capacity to perform these actions. On the other hand, they are illegal.

You have the right to report his actions to the police and to have a record made that you deny rhe accusations. His wrongful stories are a crime (harrassment, perjury, and obstruction of justice).

You can aslo take action in Civil Court.

First, report himto the police. If the problem persists, give me a call and we can take some action. I have dealt with this situation before and he may have to move if he does not clean up.

Remember: stay away from him and his family. No contact. Report all contact to the police. Make them fill out a report.

Andrew Nitzberg

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Answered on 12/15/04, 11:03 am
Valerie Masters Valerie Masters, P.A.

Re: How to deal with false claims of assault or threats

Although he could try and get you arrested and try a restraining order I don't think he would be successful on either count. People make false accusations all the time, and they are hard to defend because its hard to prove a negative. However, the police don't usually arrest just because of an allegation. I would be extra careful to avoid him at all costs and I would document all of his false accusations and tell the police you are afraid of him so there is a paper trail. I would go to law enforcement.

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Answered on 12/15/04, 4:48 pm


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