False police report

golightly · #1 08-06-2006, 10:37 AM

I live in Austin TX. My now x roomate faked an assault and had me arrested. Here is what happened. I had been looking for another place for my daughter and I to move to because evil woman (now known as EW) was very angry with me since I did not write a letter to the court testifying that she was a good mom and that her dad filed a false report to CPS stating that EW's husband was beating their child. When I got home from apartment hunting she said that the police were on their way over. I said fine I would like to talk to them also. They were very pleasant and I showed them a lease with my and my daughter's names on it. Meanwhile EW was saying crazy things like I had peed in the orange juice. They told her that they cannot make me leave because I was up on the rent and this was legally my home and only if I physically hurt her. They left and I went to my room and shut the door and took a nap. I was waken up with banging on my door and was told to come out with my hands up. I was groggy and confused and did what I was told. It was a different set of cops. They said I was under arrest for assault with bodily injury. I kept asking what happened and they told me to shut up that I should know since I did it. They handcuffed me and took me to jail. I called my mom in Houston and she came up to help me out. 24 hours later I saw a judge and he set the bond at $1500 and waived the restraining order for EW because I believed that my belongings were still in the house. He belived me. A second judge called me in and placed a restricted restraining order that I can only go there during daylight hours. Fine. He asked to see me again because he spoke with EW and she said she was afraid of me and that I would hurt her again. She also said that my mother had moved all my belongings out. The judge put a full restraing order on me. I had just spent a total of 36 hours in jail so I was fine with never ever seeing her again. As far as what the injury is, I still do not know. She told my mom in a phone conversation that she had had me arrested and I had threw a jewlery box and it hit her head. When my mom was moving my things she told my mom in person that I threw a jewlery box and hit her arm. I got a copy of the police report and it states that "fists, hands and feet" were the weapons used.

I want to know when I can press charges against her for filing a false police report resulting in jail time. I also want to know about how to file a law suit against her for slander and defamation as she has told many lies to several people about this incident. What are all my rights in this case?

turbowray · #2 08-06-2006, 12:39 PM

Quoting golightly

I live in Austin TX. My now x roomate faked an assault and had me arrested. Here is what happened. I had been looking for another place for my daughter and I to move to because evil woman (now known as EW) was very angry with me since I did not write a letter to the court testifying that she was a good mom and that her dad filed a false report to CPS stating that EW's husband was beating their child. When I got home from apartment hunting she said that the police were on their way over. I said fine I would like to talk to them also. They were very pleasant and I showed them a lease with my and my daughter's names on it. Meanwhile EW was saying crazy things like I had peed in the orange juice. They told her that they cannot make me leave because I was up on the rent and this was legally my home and only if I physically hurt her. They left and I went to my room and shut the door and took a nap. I was waken up with banging on my door and was told to come out with my hands up. I was groggy and confused and did what I was told. It was a different set of cops. They said I was under arrest for assault with bodily injury. I kept asking what happened and they told me to shut up that I should know since I did it. They handcuffed me and took me to jail. I called my mom in Houston and she came up to help me out. 24 hours later I saw a judge and he set the bond at $1500 and waived the restraining order for EW because I believed that my belongings were still in the house. He belived me. A second judge called me in and placed a restricted restraining order that I can only go there during daylight hours. Fine. He asked to see me again because he spoke with EW and she said she was afraid of me and that I would hurt her again. She also said that my mother had moved all my belongings out. The judge put a full restraing order on me. I had just spent a total of 36 hours in jail so I was fine with never ever seeing her again. As far as what the injury is, I still do not know. She told my mom in a phone conversation that she had had me arrested and I had threw a jewlery box and it hit her head. When my mom was moving my things she told my mom in person that I threw a jewlery box and hit her arm. I got a copy of the police report and it states that "fists, hands and feet" were the weapons used.

I want to know when I can press charges against her for filing a false police report resulting in jail time. I also want to know about how to file a law suit against her for slander and defamation as she has told many lies to several people about this incident. What are all my rights in this case?

I do not know the laws pertaining to this, but I would retain a lawyer to fight the charges if you in fact did not do this. In the police report, did it even state that physical evidence was present (like a mark where the jewelry box hit her)? What did the cops say when you told them of the earlier visit, and that they coinsidentally told her that the only way to make you leave is to say that you hurt her. What did they say when you told them that you were sleeping when this all happened? Unfortunately, if the judge believed the story enough to grant the restraining order, it will be hard for you to fight, this is why you should not do it without a lawyer. Do you have a court date for the assault charges? Did you plead not guilty?

golightly · #3 08-06-2006, 03:46 PM

The police report did not state that there were visable injuries. I told the arresting officer of the other officer's first visit and what they said and I told them that I had been asleep where they found me in my room. She ia a disabled vet and uses that to the fullest. I'm not dishonoring disabled vets in any way, I'm just saying that she uses that to get out of everything. Even paid parking at the airport! I was in magistrate court when the first judge waived the protective order and he believed me. It was the second judge in magistrate that after the second hearing put the order back on. She told the judge that she was a disabled vet and very afraid that I would hurt her. I will be contacting an attorney tomorrow. My first court date is in 2 weeks so I have not pleaded anything yet. But you bet your bippy I'll plead innocent.

turbowray · #4 08-06-2006, 04:56 PM

Good, if you didn't do it, then I would get a lawyer. Keep me posted on how it goes!

golightly · #5 08-06-2006, 08:40 PM

Do I have to go thru with my charges first before I can press charges against her? And do I have to wait until hopefully this is dismissed before I file a civil suit on her for slander and defemation?

Mr. Knowitall · #6 08-06-2006, 09:34 PM

You can try to have her charged now, but think about it. If the police or prosecutor believed she was lying, you wouldn't be the defendant in a criminal case. If you get convicted, she won't be charged and your defamation claim would be worthless. And don't sue the complaining witness in a criminal case against you without clearing it with a criminal defense lawyer.

golightly · #7 08-06-2006, 10:54 PM

As far as I know there are no witnesses. I was locked in my room when she pulled the "fight club" number on herself.

turbowray · #8 08-07-2006, 06:47 PM

What you need to do, I feel, is get a lawyer, fight the charges, and then depending on the outcome, go after her, IF they find you not guilty. If they find you guilty, weather you are or not, you can not do anything to her for lying sorry!

golightly · #9 08-08-2006, 08:07 AM

I really do think I will win. I have 2 witness that heard her tell 2 different stories about how she was injured and the police report states a different one that the other 2. I also have evidence of her destroying my cell phone. After I was arrested and taken to jail, she was looking at my text messages to another woman that she is trying to hurt and actually text her on my phone and then drowned it. My friend has that text, date, time and the origination of it. EW had told my mother that she had not touched it.

turbowray · #10 08-08-2006, 06:10 PM

Quoting golightly

I really do think I will win. I have 2 witness that heard her tell 2 different stories about how she was injured and the police report states a different one that the other 2. I also have evidence of her destroying my cell phone. After I was arrested and taken to jail, she was looking at my text messages to another woman that she is trying to hurt and actually text her on my phone and then drowned it. My friend has that text, date, time and the origination of it. EW had told my mother that she had not touched it.

Will these people that got the 2 different stories from the police stories, sign an affidavid (sp?) saying what they heard. Do these stories still claim that she was injured by you, or do they say something different than that. I don't think a text sent, and damage done to the phone will have any bearing on her allegations. It shows she is spiteful, but not a liar to the police on a report. How do you know she drowned it? What did the text to the other woman say?