double jeopardy

[terminatedone]

What is the name of your state (only U.S. law)? PA

long story short.....brother was sued in probate court for parents estate. judge found money in the estate and brother had to pay beneficiares. because beneficiares brought suit, brother started making bogus claims of harrassment of beneficiares towards him. his way of getting even he says. beneficiares went to separate district court and judge found that harrassment charges were dismissed and did not feel that beneficiares were harrassing him and dropped all charges. then brother went and tried to get a PFA on beneficiares for harrassment. wouldnt that be considered double jeopardy? can you be charged for that?

 

[latigo]

Not clear as to how the harassed beneficiaries “went to separate district court” to have “harassment charges dismissed” resulting in “judge dropping all charges.”

Doesn’t make sense inasmuch as the brother is the supposed “harassor” and the beneficiaries the supposed “harassees”.

Seems that that the “harrassor” would have initiated in district court to press his harassment charges and the “harrasees” successfully defended in district court.

And if so, once the time for appeal expired and/or the order was not reversed on appeal, the ruling of the judge would be res adjudicata (that is, it became final) as to all the parties involved in the lawsuit on the issue of harassment.

The consequence of res adjudicata would mean that the brother could not collaterally attack the order of dismissal in a subsequent legal proceeding, whether by PFA or anything else. Not if based on the same facts that were ruled on by the district court.

Double jeopardy would only apply if the beneficiaries had been criminally charged with harassment. Which doesn’t appear to be so.
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Anyway, it seems that there is an unduly amount of harassment going on in Pennsylvania. Which probably doesn't bode well for the tourist industry.