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-   -   Can someone get in trouble for filing false charges? (https://www.askmehelpdesk.com/showthread.php?t=156631)

  • Nov 27, 2007, 03:42 PM
    littlemommy2103
    Can someone get in trouble for filing false charges?
    My husband and I have standard visitation of my step daughter and have since July 7, 2006. We do pay child support every week just like were obligated too. We've also had problems out of the mother and her family, but kept fighting to see our daughter because she's ours. Last time it was our weekend we got her and it was the same stuff them causeing problems but we just let it go. Then 2 weeks later when it was our time to get her, a state investigator called saying my husband had charges filed against him for abusing our daughter. We know she done it because Thanksgiving was our holiday and they had been trying to get us not to get her because they wanted her. I'm just curious can she get in trouble for this when it comes back we didn't do it. It wouldn't be so bad if we didn't have 2 other kids they are going through this too, but we do. Her mother made wrote us a letter saying that our daughter made statements to the dr. that wed abused her she's 2. A two year old repeats everything they hear, or you tell them... What should we do?
  • Nov 27, 2007, 04:17 PM
    Fr_Chuck
    1. No he does not have "crminal charges" there was a report made, their term for report. So the investigator decided to follow up and investigate this report.

    You can of course try and show this in court as her making trouble. But normlally what happens they close the case and merely state it can not be proved. They never actually say they are not true, just can't be proved.
  • Nov 28, 2007, 10:28 AM
    Questionshelp
    I think this sounds like "slander" I do not know too much about your state laws but it would be a good one to look into. I hope that it all works out for you. It is nice to see parents that care for thir child and pay the support.
  • Oct 21, 2008, 01:34 PM
    Heather777003

    And defamation of character.

    VERY critical, you do not "let" this trap continue.
    IMMEDIATELY file with same investigator police station, false charge police report.

    Otherwise... as you are intuitively feeling, these people are "building a case " against you in printed word, and watch that plus the cps, rip away your other children.

    I WARN YOU

    ACT STRONGLY and shut it down!
    People are evil bent, and the statements , never write for a wicked person to use against you

    See a pediatric psychologist, social worker fast. They have seen this game before. And it costs kids permanent life destruction.
  • Aug 7, 2009, 08:10 AM
    ksiyer50

    A mere statement of a child before a doctor is of no use. There has to be a medical report.

    Use all the skills and the court support to get the child and get your own medical report from a Government Hospital. If there are any sign of child abuse get the dates of the possible abuse and see that the date works in your favour and against the other party
  • Aug 10, 2009, 08:40 PM
    dontknownuthin

    My thought is that the report will probably be found to have no merit and will be dropped, and I'd let it drop. You could try to sue for slander but it's a civil charge, meaning that she would not be punished with jail time or anything - you'd have to show that you suffered some kind of real loss due to her saying terrible things about you, and then she might be ordered to pay you financial damages, but if she has no money, it's not worth the cost of pursuing it.

    What I would recommend is first, have a lawyer to help you through this craziness. And try to avoid the arguing and dirt-slinging - let her come off as the crazy one, and you focus on being positive with the child.
  • Nov 11, 2009, 09:26 AM
    justicehunter
    Unfortunately, this type of things happens repeatedly and often. The laws have to be changed and I am presently attempting to do research to make an effort to change them. As it is right now, anyone can go and have charges brought against someone else just by swearing out a warrant (providing no evidence).The real victim is often the person who the warrant was taken against. In most cases when the plaintiff files false charges they have the case continued until they are no longer allowed to then simply dismiss the charges and suffer no consequences for their actions. However, the person they have filed against not only suffer from the loss of time spent in jail, bond, the time in court and attorney expense but even though they were not convicted it will remain on their record until they pay a lawyer a fee to have it expunge. Many employers that do criminal back ground checks (which most all do now) will not hire the person even though they had been found not guilty or the charges have been dismissed. If a person has never had someone falsely press charges against them, they find it hard to believe someone would and tend to think there must be some truth to it.
    Women in particularly use the very law implemented to protect them to aid in their attempt for custody. Thereby making the justice system intended to protect innocent people an unwitting participate in victimizing innocent people.
    One thing you can do is to file a civil suit against the person but you must be sure to have evidence of the cost and effect to you. Even then if you get a female judge they are likely to side with the so called victimized women.
    These laws must be amended. There must be serious consequences to the person committing such abuse of the justice system. I am a woman myself, and it is appalling to me how many of the cases hit the courts every single day.
    Besides the injustice done to the actual innocent party, it is a waste of tax payers money to have to try a false case, it is a waste of courts who are already overloaded with actual crimes, it is a waste of police officers time who are forced to serve and arrest the innocent people when they need to be able to be there for people really being criminally attacked. Too often unfit mothers are awarded custody based on the false charges they have pressed.
    People, help me to stand up and fight this misuse of the justice system. Contact me with your story. I am trying to get some idea of the extent of this problem. I need actual situations and statistics to present to our lawmakers.
    I am just an ordinary person. I don't have a lot a legal knowledge but I am learning and unfortunately for my family, most of my now known knowledge is coming from the raft of an immoral, unjust woman. I keep proven my family's innocence but she continues to attack us and I keep getting told no one can do anything. Well I am here to tell you, someone is going to do something about it. I do not intend to stop and until changes are made and these people (male or female) or brought to some type of justice.
    Help me to help others. Contact me at [email protected]
  • Nov 10, 2010, 11:36 AM
    chrisgraves99
    Dear Justicehunter,

    Here's one for your research...

    My wife and her sister have been in a blood feud for years. Sibling rivalry gone amuck. My wife's name is Valerie; she is 31. Her sister is Tracy, who is 29.

    Several years ago, Tracy (the sister) was married to another fella, and was cheating on him. Badly. Valerie figured it out, and told the guy. He came home and caught Tracy in the act. They were soon divorced.

    Tracy, for her part, has slept with, or attempted to sleep with, every one of Valerie's boyfirends or 2 ex husbands. Valerie and I have been together for 2 years now, and Tracy and Valerie are still arguing. The biggest issue is that Tracy wants her father's side of the family (the rich side) to herself, and has done everything she could to drive a wedge between her father and Valerie. ("Daddy likes me better than you. Nyah nyah nyah")

    One of her tactics was to begin making not-so-subtle passes at me, to the point where I had to ask Valerie (my wife) to never let Tracy be alone with me, and to always keep eyes on me during any family gatherings. The last time she got me alone, I had come home and Tracy was in my living room, in a bikini, and flashed her breasts at me. I left the house as quick as I could, and went outside to Valerie and her mom, in the parking lot.

    Last August, at the mom's 50th birthday party, Valerie and I were at Tracy's house early to help set up for the birthday party. Atr one point, Tracy asked me out to the shed to help move some tables and chairs out to the yard. I gave Val a sign to watch, which she did, coming out to the back porch so she could keep an eye on Tracy. Once in the shed, Tracy "tripped", and fell on me, giggling. The shed was only 6x10, so there was no room. It also has 2 large windows on the front, and glass in the door, so Valerie saw everything. I stood Tracy back up, and turned back around to grab the tables and chairs. That was it.

    3 weeks later, Val and Tracy were arguing about something online, and Tracy got mad and told Valerie that I had made a pass at her in the shed. Val knew better, because she was watching us, and told Tracy she was a liar. It escalated, to the point that Tracy threatened to call the police and report me for sexually assaulting her. The next day, she did just that. The detective didn't really believe her, and sent her home to "think about it", telling her that if she really wanted to file the charges, she needed to come back Monday. Tracy returned Monday and filed charges.

    About a month later, I received a letter from the Massachusetts court system saying I had an outstanding warrant against me ( I lived in Connecticut at the time). I went to the court, presented myself, and was promptly arrested and jailed on $100,000 bail!

    In the police report, she claims I sexually assaulted her, twice, grabbing her breasts and forcibly kissing her. She claimed I grabbed her breasts so hard they left bruises. No one has seen the bruises, not even her husband. Her behavior during the rest of te party was just as flirty as before this supposed assault; there are even photos from the party of her smiling and laughing with me. No matter. I sat in jail for a month before friends could raise the $10,000 cash to get me out.

    Since then, my family and I (Valerie, me, our 22 month old son, and 9 month old daughter) have moved about 400 miles away, but I am still going back and forth to court over this, at great expense. So far, this has cost me over $20,000, and many sleepless nights. To add to the stress, Valerie is pregnant again, and it is a very difficult pregnancy, since her blood pressure has gone way up, and she has developed blood clots in her lungs. Not a good time.

    I am deathly afraid of going to trial on this. No matter that I am innocent, it's her word against mine, and I don't want to go to prison, especially with my wife being on bedrest. Also, I would be going as a sex offender... kiss of death. For all these reasons, I am seriously considering trying to get a plea bargain, for something like simple assault or whatever, with probation. This very idea sickens me, though; I DIDN'T DO ANYTHING!

    Meanwhile, Tracy still is not taking her med's that she is supposed to (Colonopin, and other anti-depressants and anti-psychotics); she sells them for marajuana. I can't prove any of this, of course, but the result is she is very unstable. Her own family has told her they don't believe her either, which just makes her more stubborn. ("I'll show you! I'll show ALL of you!...")

    Nothing I can do about this. No clue as to what to do next. Worried to death for the health of my wife and the safety of my family.

    Is this something you can use? Do you need any more details? Let me know.

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