Troy wants desperately to help his sister win her custody case against her ex-husband Lawrence and is prepared to "do anything" including lie.As a result,Troy tells the police that he saw Lawrence strike one of the children with closed fist causing bruising to the child's face.Lawrence is arrested and charged with assault.The criminal defense lawyer retained by Lawrence proves that Troy was lying at the time he made the report to the police.What if anything can Lawrence do to recover civil damages against Troy after the criminal charges are dismissed?

Question

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complaints to authorities can attract liability for malicious prosecution if there is no honest belief that a crime was committed.Lawrence can sue Troy for damages for malicious prosecution because the elements of the tort all exist.Firstly,the charges were unsuccessful.Secondly,they were initiated by Troy.Thirdly,there were no reasonable and probable grounds that Lawrence committed any offence.Finally,Troy was motivated with an improper or collateral purpose that being to assist his sister.

Troy Wants Desperately to Help His Sister Win Her Custody