Wednesday, February 10, 2010

Filling a false report in abuse case?

I was wondering if anybody knew if i had any legal grounds to get someone on filing a false report.





here is my states statues/laws,


http://www.conwaygreene.com/nmsu/lpext.dll?f=templates%26amp;fn=main-hit-h.htm%26amp;2.0





I am asking because my soon to be ex-spouse, filled a report of domestic abuse against me, so she could get temporary emergency custody of our two children, (in which she has a warrant for her arrest for child abuse that the courts failed to see or look for). After i raised hell up in the courthouse the next day as to why she was able to do such a thing, especially with a warrant and since she had not lived in the county that she made the report for more than 6months, they moved my court date up. She failed to appear and all chrages, temporary custody issues and marriage dissolution were dissmissed.





Do I have grounds to file a false report against her, if i have proof that her allegations were false or misleading? ie date of abuse were false etc...Filling a false report in abuse case?
YOu can press charges against her, but I doubt it would do any good. DIvorce cases tend to breed false reports. Several cases each year are filed against fathers for sexual abuse of their children out of vengence. These cases bog down the courts and cost tax payers more money each year.





Though you may have recourse in this matter, I would not pursue it as your soon to be ex wife seems to be posturing for sole custody. It's best to keep things clean on your end. The more reasonable and compromising you appear to a judge, the more likely he/she is to believe you. Judges do not like it when people file false reports especially when the children are the weapon of choice. If you have to go to court over custody, a judge will appreciate that you've tried desparately to keep the peace. You need to document all harassments by your wife and make sure that you ';dot your i's and cross your t's'; and don't get so much as a speeding ticket. Also, make sure you have rooms for your children that are decorated and comfortable for them. This shows more stability. You also need to make sure you talk to their teachers and discuss their progress. This shows you are concerned about the affects your divorce is having and will have on their well being.





Hope this helps.Filling a false report in abuse case?
If you have proof that can be verified by police or other court officer, yes. But, it has to be verified by someone other than you. I feel very sorry for your children. While you %26amp; she are trying to see who can cause the other the most pain, they are caught in the middle. They are completely innocent. They will be hurt the most because they are innocent. How do I know this? Because my parents did exactly what you %26amp; your wife are doing. I'll be 54 soon. What my parents did to each other %26amp; to me will be with me until the day I die. Both of you need to think about that. What the two of you are doing to each other will haunt your children until the day they die. How important is hurting each other when you think about how your children are suffering, %26amp; will suffer? Good Luck %26amp; Blessings for all of you, AND PRAYERS FOR YOUR CHILDREN.
Absolutely
filing a false police report is a criminal activity not a civil one....filing a false police report falls uner disorderly conduct in the felonies...it is a class 4 felony...if it is proven in court that person lied then charges will be brought on by the pd not you

No comments:

Post a Comment