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  1. #1
    Join Date
    Apr 2013
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    3

    Default My Ex-Wife Made a False Report and Charges Have Been Filed Against Me

    My question involves criminal law for the state of: California

    1. What recompense can I seek due to the great effort time and expense it is costing me to defend myself against these false charges?

    And

    2. Can I report a true retelling of the events and have charges filed against her?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,758

    Default Re: My Ex-Wife Made a False Report and Charges Have Been Filed Against Me

    Quote Quoting Caliersey
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    My question involves criminal law for the state of: California

    1. What recompense can I seek due to the great effort time and expense it is costing me to defend myself against these false charges?

    And

    2. Can I report a true retelling of the events and have charges filed against her?
    First, can you PROVE through objective evidence or a clear confession that your ex-wife knowingly and intentionally made up a story to the police in order to get you into trouble? If your only "proof" is that no charges were filed or that you were found "not guilty" then this is hardly clear evidence and the odds of prevailing in a civil suit are slim, and the odds of the DA being convinced to pursue criminal charges is remote, at best.

    You will need clear and convincing proof of her knowing and intentional falsehood to be able to get a court or a prosecutor to take action. This is a rather high standard to meet, and these sorts of prosecutions are exceedingly rare. A civil suit requires a lower burden of proof, but courts will be reluctant to pursue claims against exes as it might serve to discourage other legitimate victims from coming forth if they believe they can be sued if their allegations are not pursued.

    So, what did she say you did? And, what proof do you have that she made all of this up?
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Apr 2013
    Posts
    3

    Default Re: My Ex-Wife Made a False Report and Charges Have Been Filed Against Me

    So what your are saying is that logic isnt enough here,? (meaning on eof our stores wasn't true and since I was not found guilty it must be hers.) I guess I get that. if she claims one thing happened and I claim it didn't and am proven not guilty that is not enough to prove she knowingly lied? Would even perjury be a stretch? Just so much financial and social impact on me just for having to deal with the false accusation of something I know did not happen and I know she knows did not happen yet she has no consequences for perjury, costing me thousands of dollars in bail and legal defense, stress, defamation, etc. Just seems the system favors and almost rewards negative behavior.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,758

    Default Re: My Ex-Wife Made a False Report and Charges Have Been Filed Against Me

    Quote Quoting Caliersey
    View Post
    So what your are saying is that logic isnt enough here,?
    That depends on the strength of the "logic." In general, no. Simply having an inference that can be reached would not be enough to overcome the burden of proof, at least in a criminal case, where the burden is proof beyond a REASONABLE doubt. When a conclusion can be inferred, it is most often just as likely that an alternative conclusion can also be reasonably inferred.

    (meaning on eof our stores wasn't true and since I was not found guilty it must be hers.)
    There are any number of reasons why a person can be found "not guilty" a lie is but one of several possibilities. So, no, simply being found "not guilty" will not be sufficient to prove that she knowingly and intentionally made stuff up to get you in trouble. If that were the case, then we would have former suspects suing their victims all the time - the system would collapse if victims had to concern themselves with being sued or prosecuted if the suspect were not convicted.

    Nothing prevents you from paying an attorney to review your situation and evaluating it for the possibility of a civil suit. However, it is exceedingly rare that any action will be taken against an alleged victim. But, if you have the resources for a consultation, you lose only a few dollars - or a little time if the consultation is free.

    if she claims one thing happened and I claim it didn't and am proven not guilty that is not enough to prove she knowingly lied?
    Correct. The fact that the evidence did not prove you were guilty beyond a reasonable doubt does NOT mean that it conversely demonstrates that you were factually innocent or that she lied.

    Would even perjury be a stretch?
    Perjury is rarely prosecuted, and almost unheard of in such situations absent a confession or clear and convincing proof of the intentional lie (like a recording of the witness admitting to lying or planning on telling a particular lie ... even those can be subject to challenge depending on the context.

    Just so much financial and social impact on me just for having to deal with the false accusation of something I know did not happen and I know she knows did not happen yet she has no consequences for perjury, costing me thousands of dollars in bail and legal defense, stress, defamation, etc. Just seems the system favors and almost rewards negative behavior.
    The system worked as intended and you were found not guilty. You may very well have been the victim of lies. The problem is that you can probably no more prove she lied than she can prove you beat her (or whatever the accusation was).
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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