EX Wife

[NWColorado]

What is the name of your state (only U.S. law)?
Colorado

Twice my ex-wife has falsely alledged DV and twice the charges have been dropped by the DA. The last time my ex went to a hospital and said she had a knife wound when it was just a scratch and ER nurse called 911 and an officer was dispatched, this officer ended his report with this as being sent to the DA's office for filing a false police report. Now after the charges were dismissed in court the DA now says it's a he said she said and that her testimony in court cannot be used against her. Most likely they will not pursue charges even though we have a 9 year old son together and our son is affected by all of this. March was the first of the allegations and it was dismissed in June 29th of this year. My question is there anything I can or that can be done to get charges pressed against her, the DA's office sounds reluctant to do anything and my attorney that has been helping me is also trying his best but there is only so much he can do and this to me is worse than DV and I've already spent over ten grand with legal fees, is ther any outside cases that we can use to persuade the DA's office or get the ACLU involved, I'm wanting this to stop for my son's sake as well as mine, thanks. Larry Colorado What is the name of your state (only U.S. law)?

[CdwJava]

If the DA is not willing to file any charges against her, there is nothing you can do to force him to do so. However, YOU can sue your ex wife for the false accusation.

You can go to the media and see if they are interested in the story, you can go to the DA or the Board of Supervisors (or whoever runs the county) and complain asking why the DA is not prosecuting her, but if you scream and yell too much you might find this whole thing getting even more ugly.

There are probably a number of reasons why the DA is not prosecuting her. The primary reason is that he probably cannot prove she is lying. Unless she confessed to making it up, you have her word against yours. A doctor's report indicating a "scratch" is not going to say "the abrasion/laceration could NOT have been caused by a knife ...," therefore, her account cannot be entirely ruled out.

The fact that the cops did not believe her and that you were not prosecuted is not sufficient grounds to prove she made a false report. These are among the most difficult cases to prove at trial, and absent a confession on tape or in writing (since the defendant is almost certainly not going to take the stand to admit to the lie) it is often very difficult to pursue.

Have you called the DA and asked why they won't pursue it?

- Carl

[NWColorado]

Yes Carl and Thank You, I have talked to the DA and he says it's hard before a jury to prove she was lying even when he knows she was lying. This has happened twice this year, the first time I was arrested in front of my then 8 year old son when it was I that went to the police station to report her violence against me. I just want my life back, it seems that she is untouchable when it comes to a false report and I have to hire an attorney to prove my innocence. My attorney and the DA are working together so I guess it's just a matter of time that she tries again and gets enough against her that they can prove her guilt. I just was hoping that she could be charged by something that she said in the trial when the judge dismissed the charges. She lied in front of the judge and on the police report and then again in the trial before my attorney and the judge, the judge knew she was lying and said her story was fishy and incredible that she would come before the court with such a story and not rebut anything that I'd said when I was on the stand, why is this a separate trial and they can't use her testimony against her. Thank Larry

[CdwJava]

They can use statements against her, the problem is proving an intentional lie. A slip of the tongue or a mistake are not going to equate to making a false report or perjury.

If the DA does not think he can convince a jury based upon the trial transcripts and reports, he is not going to try.

These tend to be very difficult cases to prosecute absent a confession to a knowing and intentional lie, or something very blatant.

- Carl

[NWColorado]

Carl, again thank you, I've asked my attorney and he says let it go, for the most part she has no money and it just won't get me anywhere. I don't know if the local paper would help me but most likely they would stand down from any chance of them getting sued, I might try and talk to a reporter and see where it takes me or a letter to the Editor through the permission of my attorney, no need to reply any further and thanks for you help. Larry

[CdwJava]

I doubt that the media is going to take the risk, here. It's not news that two parties in an ugly split up accused the other of lying. You can always look into it, but my experience with the media is that this is not sufficiently newsworthy to be worth any press time.

- Carl