What happens if someone filed a false domestic violence report against potential police officer? 9 Answers as of May 17, 2012
Recently a friend of mine got into an argument with his girlfriend. She found out that he would often vent to me about their relationship and I would listen. In a fit of anger she called the police department saying I was supposed to be starting soon and reported that she was a domestic violence advocate and in her professional opinion my ex fiance was the victim of unreported domestic violence. The PD called me to inform that my start date was to be put off pending the results of an official investigation on the allegations. My friend's girlfriend gloated to me via Facebook on her actions and intentions of ruining my chances in this field. Earlier today I got a call from my friend saying his girlfriend wished to recant her statement. My question is since there is no validation to these accusations could she be criminally charged? And what of financial responsibility? I will not be working during the course of the investigation and considering the politics involved with domestic violence, I could be quite possibly be out of a job at the end of the investigation anyways and could cost me any future in law enforcement.Free Case Evaluation by a Local Lawyer!
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Law Office of Peter F. Goldscheider | Peter Goldscheider
Filing a false police report is a misdemeanor though rarely charged unless clearly provable.
Answer Applies to: California
Replied: 5/17/2012
Nelson & Lawless | Terry Nelson
False police reports are a crime. Falsity, not just mistake or wrong opinion, has to be proven, whether you are trying to file a crime report or a civil suit against her. Facebook and other writings can be used for that. You may have grounds for a civil suit for slander, damages, etc. against her. The reality is that if she has substantial income and assets that you could collect a judgment against, then it may make economic sense to do so. The alternate reality is that, if she has nothing, then nothing is what you will get from a lawsuit. Your primary concern should be to ensure that she recants formally to police, and make sure no DV charges are filed against you.
Answer Applies to: California
Replied: 3/12/2012
Dennis Roberts, a P.C. | Dennis Roberts
OMG. She should be put to sleep. Get all the Facebook stuff; tell her to prepare a document like this: Alice Jones declares: I am Alice Jones; out of a fit of anger I filed a police report stating ..... and wish to recant this statement as it is completely false. Declared under penalty of perjury this.
Answer Applies to: California
Replied: 2/20/2012
Hammerschmidt Broughton Law | Mark A. Broughton
You really need to sit down with a good attorney and discuss this situation fully. I will say that it is a crime to give false information to law enforcement or to file a false report. If the authorities wished, and they could prove it (that Facebook post would be very important evidence), they could file charges. As the victim, you could potentially file a civil claim against her. The question you have to ask yourself is whether or not that is worth the time and expense. As a police officer you will learn that drugs/alcohol and girlfriends/ex-girlfriend/ex-wives get more guys into trouble with the law that just about anything else. Watch your relationships, examine your true motives, and be guides accordingly in this situation. Truer words were never spoken: "Hell hath no fury as a woman scorned."
Answer Applies to: California
Replied: 2/17/2012
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Print the gloat. Assuming it implies or admits the falsity. If so, send it to the agency which delayed your employment. Include her statement wishing to recant. As to you at the moment, As Webb said, "Just the facts". Do not embellish. Wait and see. If the employment does not happen, see an attorney. Not saying you have a viable case, just that you should see an attorney.
Answer Applies to: California
Replied: 2/17/2012
The Law Offices of Gabriel Dorman | Gabriel Dorman
Wow. This sounds terrible. It is a crime itself to falsely report a crime. So if she made the report to the police you can request that she be charged with filing a false police report. As for your job, you should consult with a civil attorney about filing an action against this person. It would seem that you are going to lose wages and, potential, this job as a result of her false accusations. These are real damages.
Answer Applies to: California
Replied: 2/16/2012
Law Office of Daniel K Martin | Daniel K Martin
There are no criminal repercussions for her based on filing a false report because that is not a crime. It is a crime to delay or obstruct an officer however the definition of that crime has not been interpreted to include a false report. There may be something that you could do if you contacted a civil attorney because she has defamed you by making that false report. However you must prove that the statements were false and that you were injured by her statements then you must collect a judgement against her. This is a very difficult situation, I wish you the best.
Answer Applies to: California
Replied: 2/16/2012
Law Office of Edward J. Blum | Edward J. Blum
Usually once the charges are filed it is out of your/ the complaining witnesses hands. You'll need to fight it.
Answer Applies to: California
Replied: 2/16/2012
Attorney at Law | Dorinda Ohnstad
As to the questions of criminal prosecution, she can be charged with filing a false police report. As to you, I suggest that you seek an employment law attorney to protect your interests. If the job falls through you would have grounds for filing suit against her as well for damages sustained.
Answer Applies to: California
Replied: 2/16/2012
