My question involves defamation in the state of: Florida
Hoping this is the correct area of the forum my question is about elements 2, legal causation; 3, Bona Fide termination; and 4 Probable Cause; of the six elements in a Malicious Prosecution case I may be pursuing.
A brief summary of the facts surrounding the possible tort are as follows.
1. I broke up with a girlfriend who responded with an emailed written threat and she left the shared residence.
2. Having no previous grievances and or altercations physical in nature, no previous police reports or accusations of criminal conduct against me, and on the very next day, she files a sworn protective order alleging very serious criminal behavior against her over a prolonged period of time.
3. As the police responded to her sworn criminal allegations against me, she refuses to cooperate with police for forensic testing on the alleged incident she says happened the same day as the break-up and the threat she made in written form.
4. The police advise her that evidence would be necessary in prosecuting the case yet she still refuses cooperation.
5. The very next day, 2 days post break-up, she files additional sworn criminal allegations against me unrelated to the first allegation that allegedly happened a week earlier and wishes to “press charges” on both criminal complaints.
6. I am interviewed by detectives in the evening at my home, deny all the allegations, give reason as to why she would make such allegations, disclose the threat made yet I was arrested on probable cause felony charge anyway and incarcerated for 48 hours before being allowed to post a small bond.
7. I am now the defendant of both a civil proceeding of a protection order and a criminal charge.
8. After my defense attorney presented numerous items of evidence discounting her credibility and lack of any evidence the prosecutor files a “No Information”. Additionally, the prosecutor discloses a narrative to the case which states significant credibility issues with regard to her allegations during intake and the case is closed.
9. On the police narrative, the detective states that the reasons for arrest were numerous sworn and verbal statements, an injunction being obtained.
10. One week after the State drops it's case, a voluntarily dismissal of the protective order is received.
My questions are:
a. Was the legal causation of the charges because of the false allegations?
b. “She” had no probable cause or a reasonable belief, known to be false while filing the malicious charges yet the police had probable cause to arrest?
c. Is a “No Information” a Bona-fide termination?
d. In light of the no information filing and subsequent voluntary dismissal of the protective order, is that Bona-fide termination?
Are there any case law reference sites to point to before seeing an attorney?
Thanks!
Hoping this is the correct area of the forum my question is about elements 2, legal causation; 3, Bona Fide termination; and 4 Probable Cause; of the six elements in a Malicious Prosecution case I may be pursuing.
A brief summary of the facts surrounding the possible tort are as follows.
1. I broke up with a girlfriend who responded with an emailed written threat and she left the shared residence.
2. Having no previous grievances and or altercations physical in nature, no previous police reports or accusations of criminal conduct against me, and on the very next day, she files a sworn protective order alleging very serious criminal behavior against her over a prolonged period of time.
3. As the police responded to her sworn criminal allegations against me, she refuses to cooperate with police for forensic testing on the alleged incident she says happened the same day as the break-up and the threat she made in written form.
4. The police advise her that evidence would be necessary in prosecuting the case yet she still refuses cooperation.
5. The very next day, 2 days post break-up, she files additional sworn criminal allegations against me unrelated to the first allegation that allegedly happened a week earlier and wishes to “press charges” on both criminal complaints.
6. I am interviewed by detectives in the evening at my home, deny all the allegations, give reason as to why she would make such allegations, disclose the threat made yet I was arrested on probable cause felony charge anyway and incarcerated for 48 hours before being allowed to post a small bond.
7. I am now the defendant of both a civil proceeding of a protection order and a criminal charge.
8. After my defense attorney presented numerous items of evidence discounting her credibility and lack of any evidence the prosecutor files a “No Information”. Additionally, the prosecutor discloses a narrative to the case which states significant credibility issues with regard to her allegations during intake and the case is closed.
9. On the police narrative, the detective states that the reasons for arrest were numerous sworn and verbal statements, an injunction being obtained.
10. One week after the State drops it's case, a voluntarily dismissal of the protective order is received.
My questions are:
a. Was the legal causation of the charges because of the false allegations?
b. “She” had no probable cause or a reasonable belief, known to be false while filing the malicious charges yet the police had probable cause to arrest?
c. Is a “No Information” a Bona-fide termination?
d. In light of the no information filing and subsequent voluntary dismissal of the protective order, is that Bona-fide termination?
Are there any case law reference sites to point to before seeing an attorney?
Thanks!
False Light: Probale Cause in Malicious Prosecution Law
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