Wednesday, February 10, 2010

Legal question concerning false police reports...?

I need a little direction if anyone can help. My ex-girlfriend and her mother have filed numerous false police reports against me through one particular police department. The false reports started about 8 months ago and have continued about every month or two since then. The first report was breaking and entering. The police showed up to find me sitting on her porch where she had told me to wait for her. They found no sign of any breaking nor entering and sent me on my way. The second was stalking, but I was able to provide witnesses that put us together on a 5 day camping trip just 2 days before the report was filed (they claimed I had been stalking her for 2 months). They had also given one of my computer systems (that I had loaned her) to the police claiming that I had dl'd child porn on it. They've accused me of being abusive to her and her young child and then they started telling people that I harm the child. All of the allegations are false, of course, and the police have not persued any charges against me concerning any of these matters.





I have tried to get the police department to file charges of filing false police reports but they are unresponsive. Either they enjoy wasting tax dollars on pursuing false allegations, or they are just sympathetic to my ex's disability and her mothers fake tears. Does anyone know what I can do? I'm tired of the constant allegations and I fear that one of these days they will say something with enough truth to get me in some sort of trouble. I've done nothing wrong, but that hasn't stopped innocent people from going to jail in the past.





Is there anything I can do? Can I contact someone besides the police department (as they've been unresponsive). I have a clean record, and I want to keep it that way. I live a moral life and keep on the straight. My mistake was upsetting her mother. It's not a crime (actually, a lot of people think I should have got rewarded for it, lol). Any advice?





Thanks.Legal question concerning false police reports...?
Contact an attorney about this, you may be able to sue. They will want to know if you have lost any money or other problems and can build a case around this. It's not uncommon for a court to prevent her from filing reports on you once they see what she has done alreadyLegal question concerning false police reports...?
You might want to contact a lawyer about a potential defamation lawsuit.
In the state of California filing a false report is a crime. What state are you in?


If the police are not willing to file charges against the reporting parties, hire an attorney and go after the mother and daughter civilly. You may be able to take action against the police department as well it the penal code of that state has a statute about filing a false police report.
Get a lawyer and sue for defamation, or better move.





The second option will be cheaper and take less time. Move to a different state. Let her continue to file her false police reports and then when the police realize you are two states away and it is impossible for you to be stalking her then you should be fine.





Otherwise you could sue her it will be expensive, and will probably take a couple of years. You will get nothing out of it money wise, and I doubt the court would order her to stop making police reports. You might also try for a restraining order but again you have a right to report a crime or perceived crime.





One thing you would need to prove is that the police reports were knowing false. If an neighbor called your ex's family and said a strange man was hanging out around there house and she had not told them you would be coming over then it would be reasonable for them to call the police.





As far as stalking it is a hard row to hoe. It is very hard to prove so the police may have taken the report just in case. Often when building a stalking case it is the number of reports that lend credence to the claim.





I would stay away from her whatever you do. If the kid is yours you should try and get formal custody. If not there really is no reason to even talk to her.
Boy, I think Milkman gave you an excellent answer. Not so much with the others.





Only thing I would add is you getting yourself down the police department and making a face-to-face appointment with a supervisor there. Explain your concerns and ask what you should do. Also ask what the department will do. If things are as you have said, the department should be concerned about the time they are wasting with your ex as much as you are. You cannot make them take action against her, but you can at least get educated as to why they are not.

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