Q: He has not spoken to his ex girlfriend since they broke up in 2016 . He blocked her from his phone and all social media since our 18 month relationship. She recently told his ex wife in December that he had been stalking her all of which is a lie ..The first allegation states he went to her house recently at 2:30 am when he was with me. The other false allegations are harassment, 2nd degree assult and that he is a drug addict. She had never filed criminal charges and there is no record of this ..recently she told a mutual friend that she fears for her life and she and her mother are buying bullet proof vests. She had emotional problems during their 8 year relationship. I’m concerned for my safety and his .What are his rights? Should he counter sue for these false allegations? How can he fight these false allegations?
A: First, assuming this is a Family Court case, unless the Court authorized otherwise, that sounds like defective service. Second, he can’t “sue for false allegations” unless – at the least – he fight the case in court & wins. Have him schedule a consult with a Westchester Domestic Violence attorney for a full assessment.