Can You Sue Your Ex-Spouse for Filing a False Domestic Violence Charge

[TechWorker]

Beaten up and left for dead, is a far cry from just having bruises. Someone hurt to that extent is going to be sent to the hospital to have their injuries documented and to make sure that they did not have internal injuries.

But the police do not have to call the hospital to verify anything before they make an arrest. So, if someone tells the police a convincing story about being left for dead and shows the police convincing bruises, then the police will make an arrest.

[Taxing Matters]

But the police do not have to call the hospital to verify anything before they make an arrest. So, if someone tells the police a convincing story about being left for dead and shows the police convincing bruises, then the police will make an arrest.

But there is more to this than just an arrest. He’s been dealing with this for “months” suggesting the prosecutor has filed charges and is pursuing the case. If that’s true, the prosecutor is going to want more evidence of the damage done than just her claim of what happened. If she looked as bad as she claimed one would think she’d go to a hospital for treatment. If she didn’t and there is no evidence she was ever that badly injured that will make a very poor case for the prosecution. The defense would have a field day contrasting her dire claims of what happened with the lack of any independent evidence to back it. The defense would ask the jury to consider how it is that she was that badly injured but never sought any medical treatment. It just doesn’t hold up very well and that’s just deadly for a prosecutor in court. Unless the prosecutor is just not that bright he or she would not want to pursue a case with that kind of weakness. Of course, we don’t have any information on what happened or what the state has as evidence. There may be a lot more here than we know.

Hollywood makeup looks reasonably convincing at a bit of a distance and with the right kind of lighting — in short it looks great for the camera or stage, which is what is designed to do. But up close, even the best jobs can be identified for what it is: make-up. So I’m not buying that as a terribly likely possibility here.

[Mercy&Grace]

Police are experienced with situations like this and so are prosecutors. As Taxing Matters tried to explain, a makeup job is great for the entertainment industry, but not in real life.

If someone has been beaten up and left for dead, they will have injuries that can only be taken care of at a hospital. When someone is beaten and left for dead there are injuries and diagnostic test results that can't be faked. This can be used as evidence in court. By the way, makeup comes off quickly and easily when you are being examined in an emergency room, if it is still on.

[cdwjava]

I'm sorry, but why do we have to assume that she was actually beaten up? If she had bruises on her face, those could have been applied by a good make-up artist. I know make-up artists who work in the film industry, and the work they can do is amazing. One artist I know, made one guy up to appear as if he had been shot in the face.

And I doubt that people of his caliber are regularly available to the average citizen and willing to doctor up an injury for grins and giggles. And, sorry, but most such efforts fail to stand up to close examination. And, if beaten and "left for dead," the police are going to want some form of medical evaluation to document the extent of the injuries.

All she had to do was to tell the police that she had been beaten and to show some bruises. That would be enough evidence for an arrest.

Maybe. More than likely it would be enough to write a report and forward to the DA, but to make an arrest? Unless it just happened, probably not. But, it would depend upon the extent of the injuries.

The police are not going to ask a doctor to verify bruises before making an arrest. The police don't need to do that. The courts have made the bar for an arrest very low.

In theory? Sure. But, a cold assault report will invariably require some follow-up. Most such cold cases with only bruises will result in an investigation and be forwarded to the DA. If the violence was severe enough (i.e. documented injuries - NOT makeup), then it is possible that the charges could be serious enough to justify an arrest for a felony.

The details matter, and we don't have any. But, let's forget about makeup. CAN the police make an arrest based solely on a victim statement? Sometimes, sure. WILL they? That entirely depends on all the details and the facts - which we do not know. If the OP was arrested after the fact, it is highly likely that the victim presented some relatively serious injury.

But, if the OP truly was out of the area and he can prove it, I would guess that the issue should be resolved in short order.

[Mercy&Grace]

What proof do you have that you were in another state when this happened ? How long does it take to travel to the place you were in in another state ? How long had you been there when it took place ?

Are you being accused of asking or paying someone to do it ? Are you being accused of being involved in a way that you could have been in another state when it occured ?

[qwaspolk69]

All she had to do was to tell the police that she had been beaten and to show some bruises. That would be enough evidence for an arrest.

The police are not going to ask a doctor to verify bruises before making an arrest. The police don't need to do that. The courts have made the bar for an arrest very low.

Are you just plain stupid? Beaten and left for dead is not "a couple bruises." It's quite obvious either the police or someone else found her LEFT FOR DEAD! Do you know what that means? That she probably was extremely beaten, broken bones, and unconscious when found.

You need to just stop talking because you're an idiot and you aren't helping anyone.

OP if you have a lawyer perhaps listen to the lawyer. But it seems like you have left out a great bit of detail on here.

[TechWorker]

It's quite obvious either the police or someone else found her LEFT FOR DEAD!

Well, if it was the police who found her, then she wouldn't have needed to tell the police that she was left for dead. The police would have known because they would have been the ones to find her.

[cdwjava]

Well, if it was the police who found her, then she wouldn't have needed to tell the police that she was left for dead. The police would have known because they would have been the ones to find her.

But, she would have been the one who told them what happened and put it into perspective.

More than likely, a friend or family member - or passerby - found her and called the police. I doubt the police were randomly walking about where she got stomped and stumbled upon her.

All the same, the police are not likely to charge him with serious felonies solely on her say-so, and the DA is not going to pursue such a case even if there exists minimal probable cause.

[Mercy&Grace]

All the same, the police are not likely to charge him with serious felonies solely on her say-so, and the DA is not going to pursue such a case even if there exists minimal probable cause.

There is much more to this story that the OP has not shared, which is fine. It is obvious there is evidence, more than her say so, or the OP would not be where he is now in this process.

[cdwjava]

There is much more to this story that the OP has not shared, which is fine. It is obvious there is evidence, more than her say so, or the OP would not be where he is now in this process.

Agreed.