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    whereisjustice's Avatar
    whereisjustice Posts: 1, Reputation: 1
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    #1

    Mar 2, 2012, 03:05 PM
    How to file charges against someone for filing false charges against you ga?
    My husband and I partake in role play games and scenes which are simply scripts written by my husband which we act out in our home as a hobby which my husband takes much from.

    He wrote a role play scene which included an argument, angry tone and some threatening words for me to say. We were practicing this scene one afternoon while my son was in his room watching a movie with headphones on and unable to hear us. Without my knowledge my husband recorded the scene in which I stated words from the script that he wrote. Also, my son came out of his room and heard some of the scene that we were acting out. My husband told me to wait in my room then left and went to the police to file charges of terrorist threat and cruelty to children against me. I explained to the police officers that we were acting but they were cruel to me and arrested me. My husband dropped the charges, filed for a family violence protective order, temporary custody of the kids and had me, a stay at home mother withno income, thrown out of my house and onto the streets.

    We are still married but he has begun carrying on his adulterous affair in the presence f my children and has even spent the night at her home with the children and has had the adulteress spend the weekend sleeping in my bed in the presence of the children.

    1.Can I file charges against my husband for intentionally lying to police and filing a false police report?
    2.Since adultery is illegal in Georgia, can I file charges against my husband and his lover for child endangerment and moral corruption of minors by recklessly and negligently committing indecent and immoral acts in the presence of minors?
    3.Can I file for a restraining order or protective order to keep the adulterous lover away from my children to prevent them from suffering further emotional and psychological abuse and possible life long trauma?

    I live in GA

    Thank you for your help?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 2, 2012, 03:28 PM
    Basically no you can not.

    You can prove in court that he lied to get the charges dropped against you, ( that is you first issue) If you can prove that he lied to the police you may explain this to the DA but it is up to the DA if they will press any charges against him for this.

    Adultry may be tech on the books, but GA does not enfoce what they consider "bedroom" laws.. If cheating on your wife was punished in criminal court, 1/2 of Georgia men would be in jail.

    And if you are now separated and he has a girl friend, he is allowed to do that, it will not even effect the case much in divorce court.
    MrsTiffy's Avatar
    MrsTiffy Posts: 1, Reputation: 1
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    #3

    Jun 1, 2012, 07:11 PM
    My advice for you in your situation is to gather as much evidence as possible. Where is the scrips? Do you read off a script? Does anyone else know that you guys do role playing as a hobby? You could contest this and bring witnesses in to vouch on your behalf.

    I have never heard of anything like this and this is very interesting. I hope you can get this all worked out. Get a lawyer and give them the details and whatever evidence you can dig up to present in court. He shouldn't be allowed to walk around like nothing has happened.
    Shoshannah12's Avatar
    Shoshannah12 Posts: 1, Reputation: 1
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    #4

    Jul 25, 2012, 12:25 AM
    "If someone files a false police police report against you, there are three steps you should take. One: Stop associating with the person. Two: Tell the authorities you want to press criminal charges. Three: If the person has money, file a defamation lawsuit. (Not sure of time for you, if it's too late, or if too much time has passed?)

    "How to Stop False Police Reports
    What Can You Do to Someone Who Files a False Police Report & False Arrest?


    Stay Away From the Person
    Often, false police reports are filed by disgruntled family members or friends. While we have all done something to anger someone, filing a false police report is a crime, and anyone who does this to you should be crossed of your list. If the person attempts to contact you, you should tell him or her to stay away. If the person persists in contacting you, consider getting a protective order from a court.

    Pressing Charges

    The severity of the penalty may influence your decision to press charges. In South Carolina, the offender can spend up to five years in prison. In Virginia, the crime is a misdemeanor with a maximum jail time of one year. You will want to balance your need for justice with the penalty the offender will receive and the time you will spend pursuing the action.
    If the person is likely to spend just a few days in jail and you were released in an hour after being held on the false accusation, you may not want to spend time in court. But if the false report was of a felony charge and you have suffered greatly on account of the person's lie, then moving forward in the courts is probably a good move. Meet with an assistant district attorney to discuss the time you will have to spend on the action, what the chances are of the offender being convicted, and what penalty the offender may receive.

    Sue the Person
    While pressing criminal charges may be a good idea, perhaps the best move is to sue someone who has damaged your reputation. Defamation is the communication of a false statement to other people which is likely to harm a person's reputation. The false claim that you have committed a crime against a person will meet the legal requirement for defamation. But you should sue only if the defendant is what attorneys call a "collectable" defendant: one who has enough money to give you a good payoff.
    Obviously, you will want to speak with an attorney before proceeding down this road. While many attorneys will relish a defamation case, he or she will probably not want to gamble on one where there the defendant has few assets. If the defendant is rich, the attorney will probably charge a contingency fee which will give the attorney a percentage of the final damage award. The most common contingency fee is one-third of the award. But if your case is not strong or the defendant has few assets, you may have to pay by the hour. Paying an attorney $200 or more an hour to sue someone with no money is not wise unless you are someone with very deep pockets and you want vindication." ...This was quoted from a site called, "ehow." The author/contributor's name is John Toivonen -or Toivoren.

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