Criminal Records, Expungement Spouse Makes False Statements Leading to Arrest

[findling]

In the middle of our nasty divorce, my now-ex and I got into a physical altercation. He called the police. After separate interviews with both of us, I was told my ex was to be arrested--because "you look worse than he does." (The officer was referring to scratches and bruises forming on my arm.) However, after a brief discussion with my ex--none of which I was privy to--the officer returned to me and asked me one question, "Do you have another place of residence." Which I took to mean--Did I have a place where I could go and cool off? To which I answered, "Yes." Because I had just signed a lease for a rental house upon the advice of our children's counselor. Our divorce was so ugly that he determined it was ill-advised for us to continue living together while negotiating a settlement. Anyway, long story short, I wound up being the one arrested instead. When I was released two days later, I finally got a copy of the police report. Big surprise--my ex had told the police that he never laid a hand on me except in self-defense. He also said that we were already divorced and that I didn't even live there. None of which was true--but of course I did not know what statements he had made to the police until after the fact. Now I understood the arresting officer's final question to me...
After that, I was forced to live apart from my children for the six weeks or so until we went to court. I went from living in my family home of 15 years to a rental house that didn't have one stick of furniture in it. I had no clothes, no food, and no vehicle (it had been impounded from my own driveway). When I finally did get my car back, I had to take the seats out of it just to have something to sit on. I had to hire a defense attorney to the tune of a non-refundable $8000.00 retainer fee. All because my now-ex-spouse lied to the police and they didn't bother to check the facts. Do I have a case to sue my ex and/or the police for restitution?
Thanks for your time.

 

[army judge]

In the middle of our nasty divorce, my now-ex and I got into a physical altercation. He called the police. After separate interviews with both of us, I was told my ex was to be arrested--because "you look worse than he does." (The officer was referring to scratches and bruises forming on my arm.) However, after a brief discussion with my ex--none of which I was privy to--the officer returned to me and asked me one question, "Do you have another place of residence." Which I took to mean--Did I have a place where I could go and cool off? To which I answered, "Yes." Because I had just signed a lease for a rental house upon the advice of our children's counselor. Our divorce was so ugly that he determined it was ill-advised for us to continue living together while negotiating a settlement. Anyway, long story short, I wound up being the one arrested instead. When I was released two days later, I finally got a copy of the police report. Big surprise--my ex had told the police that he never laid a hand on me except in self-defense. He also said that we were already divorced and that I didn't even live there. None of which was true--but of course I did not know what statements he had made to the police until after the fact. Now I understood the arresting officer's final question to me...
After that, I was forced to live apart from my children for the six weeks or so until we went to court. I went from living in my family home of 15 years to a rental house that didn't have one stick of furniture in it. I had no clothes, no food, and no vehicle (it had been impounded from my own driveway). When I finally did get my car back, I had to take the seats out of it just to have something to sit on. I had to hire a defense attorney to the tune of a non-refundable $8000.00 retainer fee. All because my now-ex-spouse lied to the police and they didn't bother to check the facts. Do I have a case to sue my ex and/or the police for restitution?
Thanks for your time.

You have no case against the police.
The police relied on your husband's statements to make the arrest.

What I don't understand, is why you think being married or divorced would have changed the outcome?
It wouldn't have mattered.
The law applies to present or past spouses.
The law applies if you are living (or formerly lived) in the same home.

Here is GA law on domestic violence.
O.C.G.A. § 17-4-20 allows warrantless arrest, if officer has probable cause to believe that an act of family violence has occurred

To determine if you could have a case against your husband, if you weren't convicted (or plead guilty) subsequent to your arrest, contact a GA attorney.
I don't think you do, but you can usually consult with an attorney initially for free.
If your criminal case is still pending, you'd need a not guilty verdict before bringing such an action.
Any such civil action would be founded on the tort of malicious prosecution.

 

[findling]

You have no case against the police.
The police relied on your husband's statements to make the arrest.

You MIGHT have a case against your husband, if you weren't convicted (or plead guilty) subsequent to your arrest.
If your criminal case is still pending, ONLY a not guilty verdict will allow you to go forward with a lawsuit.
A lawsuit, which you still might not win.

Thank you for your quick response. We did go to court, and I admitted that I hit my spouse. I had to complete an anger management class, and then it was expunged from my record.
What if I filed charges against HIM for assault and making false statements? I have photos taken at the hospital upon my release from jail. The responding officers couldn't see the extent of my injuries, of course, because I was wearing long pants at the time of our altercation. I wasn't even aware of how badly I was bruised until hours later when it became uncomfortable to sit down. But I developed huge bruises all over the backs of my legs and on my knee from where I fell when he knocked me down and began kicking me repeatedly while on the ground. (Maybe it is also important to note that I only hit him because he wouldn't let me leave the house. He blocked the doorway and wouldn't move. So I punched him. That's when he got so angry.) Like I said, I had no idea he denied this until I was able to get a copy of the police report. While in court, I asked one of the responding officers about it. He just kind of shrugged and said, "Yeah, well, people lie to the police--nothing new about that."

 

[army judge]

You're welcome.

Your problem is as I suspected, you pled guilty.

Expungement or not, you admitted guilt.

Had you pled not guilty, and with what you now say, I doubt that you would have been convicted.

Unfortunately, the bell has been rung and the ship has sailed.

You'd have to prove he lied.

Unless he recants his story, you can't (because he won't), the officer's candid admission not withstanding.


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