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How to Convince the Police that Domestic Violence Accusations Against You are False

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  • 01-11-2016, 05:31 PM
    Beyond_C
    How to Convince the Police that Domestic Violence Accusations Against You are False
    My question involves police conduct in the State of: Florida

    In short, I broke up with an ex-girlfriend back in October and in turn she made up a bunch of lies about me to get me arrested. She claimed domestic battery along with other things. However, all the evidence was on my side, as I had videos (taken on my phone), pictures, and text message admission of her having been the aggressor. This evidence eventually got all the charges dismissed, but I have been through hell as the system slowly processed all of it.

    To make matters worse, since the incident in October, this woman has continued to make one false allegation after another. With the extreme gender bias law enforcement has in cases like this, I was blindly arrested two more times for more fraudulent charges, all of which were again later dismissed as a full investigation found them to be complete and utter lies.

    My issue here is that she just keeps making up lies, then law enforcement blindly arrests me without any investigation at all, then the state finally comes to realize it is all lies and I am released. I have lost nearly 70 days of my life in jail over the last few months, all for every single charge (6 now) to have been dropped in the end.

    While I submitted the evidence that clearly shows this woman was the aggressor in the middle of October, the detective handling the case never gave a single shred of that evidence to the state. Four different attorneys have stated it is pretty much an open and shut case against her as far as both domestic battery and false imprisonment. The continued allegations that have been proven to be fraudulent also constitute harassment.

    Because of the detective covering for her and doing all he can to ruin my life, I filed a complaint with internal affairs, but still she has not had one single charge filed against her. I live in fear of the next allegation she is going to make against me that the local law enforcement will again blindly arrest me on. I went from an aspiring college student that was literally at the top of his class, to someone the police are determined to make homeless.

    I don't know what to do? Because of all her lies and resulting arrests, I can't afford an attorney. Pro bono legal service in this area was utilized by her and as such, they won't assist me due to a conflict of interest. The police have been worthless and have only focused on what they could try to charge me with. She has slandered me all over the web with statements that completely contradict what she told law enforcement, but I know there is no point bringing it up to them because they will again do nothing to her.

    I don't know who I can reach out to for help? She is mentally unstable, and while every person that takes more than a week or so getting to know her realizes it clear as day, law enforcement seems blind to it. They are letting a criminal walk away here. I don't care about having her locked up, but by letting her get away with this, she will surely do it again to someone else down the road. She will also most likely continue to make up more false allegations against me to do all she can to keep me behind bars. Please give me some suggestions, as I have been victimized now by her, law enforcement, the state, and the courts, all because I am male and she is female, despite all evidence showing she was the aggressor. She even openly admitted in court to having assaulted me on multiple occasions, yet the judge didn't even blink. Please help me.
  • 01-11-2016, 10:42 PM
    cdwjava
    Re: How to Convince the Police that Domestic Violence Accusations Against You are Fal
    If you cannot afford an attorney to sue her, and cannot convince one to take it on contingency (likely because she lacks the money to pay off any award), then you may be out of luck. If neither the police nor the prosecutor are willing to pursue her for making false reports, then it is likely because they cannot prove definitively that the allegations were intentional falsehoods.

    About all you might hope to do at this point is avoid any and all contact with her. Period. None. Zero. Zip.
  • 01-12-2016, 08:27 AM
    Beyond_C
    Re: How to Convince the Police that Domestic Violence Accusations Against You are Fal
    Quote:

    Quoting cdwjava
    View Post
    If you cannot afford an attorney to sue her, and cannot convince one to take it on contingency (likely because she lacks the money to pay off any award), then you may be out of luck. If neither the police nor the prosecutor are willing to pursue her for making false reports, then it is likely because they cannot prove definitively that the allegations were intentional falsehoods.

    About all you might hope to do at this point is avoid any and all contact with her. Period. None. Zero. Zip.

    I am actually looking into an attorney to sue the local police department, as it is clear as day that absolutely no investigating was done prior to my 2nd and 3rd arrests. We will see how that pans out today and tomorrow.

    As far as avoiding all contact with her, I have been. Again, it is all mere false allegations with no basis or evidence, but yet they kept just blindly believing her without even requiring any evidence. So, I've already been following your advice to no avail.

    Someone suggested I contact a victim advocate to try to get some assistance. Going to give that a try and see how it works out.
  • 01-12-2016, 08:14 PM
    cdwjava
    Re: How to Convince the Police that Domestic Violence Accusations Against You are Fal
    Quote:

    Quoting Beyond_C
    View Post
    I am actually looking into an attorney to sue the local police department, as it is clear as day that absolutely no investigating was done prior to my 2nd and 3rd arrests. We will see how that pans out today and tomorrow.

    Good luck with that.

    An ARREST requires only probable cause, not absolute certainty. To successfully sue the police you would have to PROVE that they made the arrest without any probable cause. Given that probable cause can be met with as little as a statement, that shall be a difficult burden to meet. But, if you have many thousands of dollars sitting around to spend on a roll of the dice, it's your money to risk.

    If you do not have the money to sue the person making the false allegations against you, how are you going to afford an attorney to sue the city?
  • 01-13-2016, 02:52 PM
    Beyond_C
    Re: How to Convince the Police that Domestic Violence Accusations Against You are Fal
    Quote:

    Quoting cdwjava
    View Post
    Good luck with that.

    An ARREST requires only probable cause, not absolute certainty. To successfully sue the police you would have to PROVE that they made the arrest without any probable cause. Given that probable cause can be met with as little as a statement, that shall be a difficult burden to meet. But, if you have many thousands of dollars sitting around to spend on a roll of the dice, it's your money to risk.

    If you do not have the money to sue the person making the false allegations against you, how are you going to afford an attorney to sue the city?

    So, what you're saying is that cops can just grab some random person off the street, ask them to make an allegation against me, then they can blindly arrest me and let me be incarcerated until the state realizes that it was fraudulent? I have a hard time believing our system is that corrupt where police can arrest anyone on a whim, keep them incarcerated for weeks while the state investigates, then just drop the charges and the cost of all the distress falls on the shoulders of the person falsely accused.

    As far as suing the city, I have 3 attorneys already looking into it that are going to get back to me. All three screened me and said they were very interested in looking further into the issues with the case. I just don't see how police can arrest you on a whim without so much as making a one-minute phone call to verify whether or not the statement(s) are true and just walk away from it with the accused having no legal recourse. If so, it is truly a corrupt system we are forced to deal with.
  • 01-13-2016, 03:02 PM
    comment/ator
    Re: How to Convince the Police that Domestic Violence Accusations Against You are Fal
    Ah, the old I've gotten hold of three attorneys now ploy. Okay, good luck with what they tell you. My question being, why are you not able to show, without a doubt that you were nowhere near this person at the time she was making these false allegations. Be somewhere else, and it's going to be hard to convince the police you were at her home beating her. Keep being around her, and it's your word against hers.
  • 01-13-2016, 04:59 PM
    cdwjava
    Re: How to Convince the Police that Domestic Violence Accusations Against You are Fal
    Quote:

    Quoting Beyond_C
    View Post
    So, what you're saying is that cops can just grab some random person off the street, ask them to make an allegation against me, then they can blindly arrest me and let me be incarcerated until the state realizes that it was fraudulent?

    That is NOT what I wrote. They did NOT "grab" you off the street at random, they apparently made an arrest based upon the statements and/or evidence as provided by the reporting party. Depending on the nature of the allegations it is possible that the police also had to obtain a warrant or some other corroboration.

    Quote:

    As far as suing the city, I have 3 attorneys already looking into it that are going to get back to me. All three screened me and said they were very interested in looking further into the issues with the case.
    And if any of them ask for money up front (likely in excess of $20,000 as a retainer) then your case is not nearly as great as you might think it is. If they offer to take the case on contingency, there may be something to it ... or, the city has a history of paying "go away" money for nuisance suits and the attorney sees a chance at an easy dollar.

    Quote:

    I just don't see how police can arrest you on a whim without so much as making a one-minute phone call to verify whether or not the statement(s) are true and just walk away from it with the accused having no legal recourse. If so, it is truly a corrupt system we are forced to deal with.
    Good thing the standard is not "on a whim" but based upon "probable cause" - which has to also be affirmed by a judge after the fact. So, unless you can get a court to rule that the arrests lacked probable cause, you may have some difficulty making a case against the police. You probably have a great civil case against your accuser, though ... and it would be cheaper to sue her. But, of course, she probably doesn't have the deep pockets that the city has.
  • 01-13-2016, 05:11 PM
    Beyond_C
    Re: How to Convince the Police that Domestic Violence Accusations Against You are Fal
    Quote:

    Quoting cdwjava
    View Post
    That is NOT what I wrote. They did NOT "grab" you off the street at random, they apparently made an arrest based upon the statements and/or evidence as provided by the reporting party. Depending on the nature of the allegations it is possible that the police also had to obtain a warrant or some other corroboration.


    And if any of them ask for money up front (likely in excess of $20,000 as a retainer) then your case is not nearly as great as you might think it is. If they offer to take the case on contingency, there may be something to it ... or, the city has a history of paying "go away" money for nuisance suits and the attorney sees a chance at an easy dollar.


    Good thing the standard is not "on a whim" but based upon "probable cause" - which has to also be affirmed by a judge after the fact. So, unless you can get a court to rule that the arrests lacked probable cause, you may have some difficulty making a case against the police. You probably have a great civil case against your accuser, though ... and it would be cheaper to sue her. But, of course, she probably doesn't have the deep pockets that the city has.

    Well thank you for your clarification and yes, based on your statements I certainly do think I have a strong case against local law enforcement and no, they have not asked for a dime. I will have to just wait and see if and when they scoop up the case.

    As far as suing my accuser, I already have a replevin claim filed against her considering I have no idea what she has done with any of my possessions from my old apartment. However, considering she has not held a job in our 2yrs we were together (off and on), I would not hold my breath on getting anything back from her. I was also considering suing her for libel, as she has made allegations online that are in complete contradiction to her police reports and can be proven to be lies in other ways as well. However, I feel like it would just be a waste of my time since she has no money to be sued for and I doubt the courts would take internet libel seriously, no matter how badly it is affecting my reputation.

    Quote:

    Quoting comment/ator
    View Post
    Ah, the old I've gotten hold of three attorneys now ploy. Okay, good luck with what they tell you. My question being, why are you not able to show, without a doubt that you were nowhere near this person at the time she was making these false allegations. Be somewhere else, and it's going to be hard to convince the police you were at her home beating her. Keep being around her, and it's your word against hers.

    You have made A LOT of incorrect assumptions here:

    1) I highly doubt attorneys would waste their time looking into the case unless they felt it was worthwhile. Most of the information I have read online said prepare to be rejected, whereas all 3 of the attorneys I talked to wanted my information and are investigating it. None have asked for money and I made it clear if they lack the confidence in the case so as to ask me for money, I had no interest in them.

    2. The allegations have nothing to do with being anywhere near her at the time of the allegations. There were no "beating" allegations made. It was all hearsay based on her complaints. The more I read into it, the more my situation seems to be outside of the realm of what constitutes probable cause.

    3. It's not her word against mine because a lot of her allegations have been proven to be completely fraudulent. I thought I stated that quite clearly in my original post, but it seems you are looking at this matter as something it isn't. There is also recorded documentation from phone calls to police departments confirming my statements were true and hers were false, multiple organizations that confirm she lied, and much more. This is not about hearsay, as I have multiple forms of evidence discrediting the allegations, much of which could have been discovered by the police with one simple phone call here or there, but there was an extreme lack of any effort on their end.
  • 01-13-2016, 05:25 PM
    cdwjava
    Re: How to Convince the Police that Domestic Violence Accusations Against You are Fal
    So, you have found a court that ruled that the police lacked the probable cause for the arrests? If not, then you may have a tougher time than you seem to think.

    But, it's all moot if the attorneys come to you saying you have a case but they want $20k-$30k to begin. And until you engage them they will likely not be able to receive discovery that could show they had more evidence than merely her word on the matter. But, it's your money to spend.
  • 02-28-2016, 03:00 PM
    Question4law
    Re: How to Convince the Police that Domestic Violence Accusations Against You are Fal
    Quote:

    Quoting Beyond_C
    View Post
    My question involves police conduct in the State of: Florida

    ...I broke up with an ex-girlfriend back in October and in turn she made up a bunch of lies about me to get me arrested...She claimed domestic battery along with other things. However, all the evidence was on my side, as I had videos (taken on my phone), pictures, and text message admission of her having been the aggressor. This evidence eventually got all the charges dismissed...To make matters worse...this woman has continued to make one false allegation after another. With the extreme gender bias law enforcement has in cases like this...My issue here is that she just keeps making up lies, then law enforcement blindly arrests me without any investigation at all, then the state finally comes to realize it is all lies and I am released...I have lost nearly 70 days of my life in jail over the last few months, all for every single charge (6 now) to have been dropped in the end....I live in fear of the next allegation she is going to make against me that the local law enforcement will again blindly arrest me on. I went from an aspiring college student that was literally at the top of his class, to someone the police are determined to make homeless.

    I've condensed and quoted you're post to an identical situation that occurred with me as an aspiring college student. The truth is life isn't fair man, even if she was the aggressor and she is continuing to make false allegations against you that are ruining your life and leaving you penniless... this stuff happens to LOTS of men in this country, you aren't alone. The best thing you can do is accept your losses, be thankful this psychotic women hasn't put you in prison, move to the opposite side of the country as I did and let her get a permanent restraining order against you for your own protection. The more you allow your anger to overcome you and leave you hellbent on vindiction, the more more she has control over you like she wants and the more you put yourself at risk at actually landing a conviction on her next attempt at ruining you.

    Also, be careful that any attempts you make at retribution here don't land you in hot water for stalking allegations. I would just walk away man.

    Please PM me, if you want to discuss a nearly identical situation I went through with a mentally unstable girl. I sense you just need to get some stuff out.

    Quote:

    Quoting cdwjava
    View Post
    If neither the police nor the prosecutor are willing to pursue her for making false reports, then it is likely because they cannot prove definitively that the allegations were intentional falsehoods.

    Its interesting in rarely works the other way around, as I think OP is trying to argue.
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