Wednesday, February 10, 2010

What happens when someone files false police reports for domestic violence twice?

My son's exwife has file false police reports and had him charge with domestic violence for threatening her life 3 years ago. They went to court only to find out that she was lying and angry that he had left her. Of course the charges were dismissed in court. She had accually gone to one DA and he refused to press charges because of the lack of evidence and that it took them a week to file charge so she went to a second DA. She almost got in trouble for that then. Now almost 3 years later exactly she has done it again. She filed a false report saying that he sent her emails and phone calls threatening her life and the life of his children. Of course he didn't do it this no more than he did it the first time. The only reason she is doing this is because she is desperate because one of the childrens teachers at their school reported her to CPS for a number of reasons which are serious and she knows that he can easily get full custody now. What happens when the charges are dismissed again and it comes out that she has file a false? Will she get jail time or anything like that for filing a false report for the second time?What happens when someone files false police reports for domestic violence twice?
It depends upon all the facts, on the judgment of the person who would decide whether to prosecute, on the judgment of the jury that decided whether or not to convict, and the discretion of the sentencing judge.





Nobody has a magic crystal ball, lady.What happens when someone files false police reports for domestic violence twice?
Since she is a woman, she will receive NO jail time for a false DV report.





I'm actually quite impressed that your son managed to avoid incarceration himself out of all this. He must have a splendid attorney to even get the case investigated, because more often the man is thrown in prison without any evidence. You and he might remember to send a thank-you card to his legal adviser.
Will she get jail time? No. All that is being done is harassing him by means of the police. He can file charges against her for harassment, but nothing is likely to come of that either.
Law enforcement and the courts review all the evidence and facts before passing judgment..judge can rule for psychological evaluation on her..depends on what the judge rules
It all depends on the prosecutors. Just like any crime it depends on if the prosecutors believe that judicial action is required, and to which degree to pursue it. Someone who falsely reports any crime is wasting the time and resources of the already taxed system, and should be fully prosecuted, but hey, should, and is, isn't always the same. At the very least she has given the husband a lot of ammo in the pursuit of a lawsuit or custody battle.
No, she probably won't get jail time, or even be charged. It is very hard to prove that she filed a false report, and unless it can be proven he will just have to go through all the drama of a court case and trial.





Sorry.





He needs to be sure not to put himself in a position for her to do this again.





Anyway, are you sure he is not just lying to you? It would not be the first time a child lied to his mother about what hd did to the ex spouse.





Good Luck
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