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False Police Report

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Sticet

Junior Member
What is the name of your state (only U.S. law)? California

My husband was charged with felony domestic violence the other day and I made a false police report because I was mad at him. We were drunk and acting stupid. There were pictures of marks on my body that were accidentally made, but I said he made them.
He has already made bail and there is a temporary restraining order against him.
What will happen to me, and what will happen to his charge? How much money will I owe the state?What is the name of your state (only U.S. law)?
 


mistoffolees

Senior Member
What will happen to me, and what will happen to his charge? How much money will I owe the state?What is the name of your state (only U.S. law)?
Depends on what happens and what the district attorney is able to prove. Could be anywhere from 'nothing' to possible jail time if you are convicted of intentionally filing a fraudulent report.

I don't have the magic 8 ball right now.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

My husband was charged with felony domestic violence the other day and I made a false police report because I was mad at him. We were drunk and acting stupid. There were pictures of marks on my body that were accidentally made, but I said he made them.
He has already made bail and there is a temporary restraining order against him.
What will happen to me, and what will happen to his charge? How much money will I owe the state?What is the name of your state (only U.S. law)?
How did he "accidentally" make the marks?
 

Proserpina

Senior Member
FELONY dv?

From a couple of marks?


Come on, OP - please be honest with us. What ACTUALLY happened?

We can't help you if you're not honest.
 

CdwJava

Senior Member
My husband was charged with felony domestic violence the other day and I made a false police report because I was mad at him. We were drunk and acting stupid. There were pictures of marks on my body that were accidentally made, but I said he made them.
Okaaaay ... so, what "marks" were "accidentally" made? How were they made?

He has already made bail and there is a temporary restraining order against him.
What will happen to me, and what will happen to his charge? How much money will I owe the state?
You are the victim, nothing will happen to you.

Now, if you intend to come forth and say that you made the whole thing up you can expect to be prosecuted for making a false police report that resulted in his arrest. However, understand that since more than 4/3 of DV victims recant within some 48 hours, the DA is likely expecting you to march in and say something like that. Don't be surprised if they do not immediately believe your sudden attack of conscience.

Ask yourself ... is he worth going to jail for? Are you really going to risk jail to protect him? After all, he is not willing to step up and take responsibility for his actions against you ... yet you are willing to do for him what he is not willing to do for you.

Oh, and for the record, I don't believe that your injuries were accidental. I believe you may be trying to expand your own role in the incident because you feel bad that he is in trouble, but I doubt that the marks were an accident.

Please contact a domestic violence shelter or support group. Your county's victim-witness program could be a good source of information to begin.
 

Sticet

Junior Member
We got into a wrestling match and I got minor bruises. My nose got scraped on his teeth because our faces came in contact.
I'm not trying to protect him, but I definitely don't want him to go to jail or prison for something he isn't guilty of.
The police said that in the state of California if ANY marks are made it is a felony domestic violence, but the marks were accidental so he doesn't deserve a felony.
Since I falsified my statement, I am prepared for the consequences. I read that there is a $1,000.00 fine and/or jail time up to a year.
The only times I ever got into it with my husband is because we had both been drinking. I usually start the arguments because I'm aggressive and hardheaded by nature.
I just don't know how to go about this. Who do I talk to about the false report? Do I need a lawyer first, or do I need to be charged? Will I go to jail immediately because I have a three year-old son and I don't want the state to get him. (His dad is out of the house and he has a stay away order.)
 

stealth2

Under the Radar Member
Others will be able to tell you the legal remedies you (may) have in CA. I am not that familiar with CA law.

However, I WILL tell you that you need to get some serious help. Quit drinking. And get some therapy on how to deal with people in ways other than getting physically aggressive. If you can't do either/both? Your son needs to be protected.
 

Just Blue

Senior Member
We got into a wrestling match and I got minor bruises. My nose got scraped on his teeth because our faces came in contact.
I'm not trying to protect him, but I definitely don't want him to go to jail or prison for something he isn't guilty of.
The police said that in the state of California if ANY marks are made it is a felony domestic violence, but the marks were accidental so he doesn't deserve a felony.
Since I falsified my statement, I am prepared for the consequences. I read that there is a $1,000.00 fine and/or jail time up to a year.
The only times I ever got into it with my husband is because we had both been drinking. I usually start the arguments because I'm aggressive and hardheaded by nature.
I just don't know how to go about this. Who do I talk to about the false report? Do I need a lawyer first, or do I need to be charged? Will I go to jail immediately because I have a three year-old son and I don't want the state to get him. (His dad is out of the house and he has a stay away order.)
Do you give a ...care...of the damage you do to LEGITIMATE victims of assault with your false accusations? Do you care?

For HUNDREDS of years victims of DV were disregarded. It has only been since the 1980's that they have been given legal help.

Shame on you. Hopefully the DA will be able to file additional FELONY charges against you. Nasty and vindictive ...person...that you are.
 

CdwJava

Senior Member
We got into a wrestling match and I got minor bruises. My nose got scraped on his teeth because our faces came in contact.
So, in the course of a violent confrontation you were injured. That can be charged as felony domestic battery per PC 273.5(a).

The police said that in the state of California if ANY marks are made it is a felony domestic violence, but the marks were accidental so he doesn't deserve a felony.
You were wrestling around and got injured. That qualifies.

Oh, wait ... are you now alleging that this was a game? You two were playing WWF and you got injured? Sorry, but the cops and the DA are not going to buy that.

Since I falsified my statement, I am prepared for the consequences. I read that there is a $1,000.00 fine and/or jail time up to a year.
Yes.

The only times I ever got into it with my husband is because we had both been drinking. I usually start the arguments because I'm aggressive and hardheaded by nature.
That does not matter. What matters is that in the course of a violent confrontation you were injured. You might be able to push his buttons, but HE made the decision to attack you. He needs help. This will only get worse ... I will take a guess (based on what you have written) that this is not the first time that this has happened, either.

I just don't know how to go about this. Who do I talk to about the false report? Do I need a lawyer first, or do I need to be charged?
Before you confess to a crime, talk to an attorney.

Another thought ... child protective services will likely have been notified as a result of this incident. If you recant, and if you and hubby get back together without counseling or other therapy, you can expect either CPS involvement, or, if there is a future incident, you might expect to lose your child.

My theory has always been that if two adults want to mutually beat the snot out of each other in a drunken rampage, there's not much i can do about it. But, I CAN take the child away from the situation so that he or she has a chance to learn what a real relationship is about before the cycle of violence goes on to yet another generation. Understand that DV is most often a LEARNED behavior ... your child is learning that drunken violence is the normal course of affairs between a man and a woman. Great lesson.

Please, get some counseling before you consider this extreme step of blaming yourself for HIS actions.
 
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Sticet

Junior Member
Do you give a ...care...of the damage you do to LEGITIMATE victims of assault with your false accusations? Do you care?

For HUNDREDS of years victims of DV were disregarded. It has only been since the 1980's that they have been given legal help.

Shame on you. Hopefully the DA will be able to file additional FELONY charges against you. Nasty and vindictive ...person...that you are.
When you're drunk you say and do things you don't mean. I was in NO state to talk to the police.
My situation classified as domestic violence since it was at a residence and things got ugly. I didn't mean to offend you or anyone else. I just wanted advice.
 

Just Blue

Senior Member
When you're drunk you say and do things you don't mean. I was in NO state to talk to the police.
My situation classified as domestic violence since it was at a residence and things got ugly. I didn't mean to offend you or anyone else. I just wanted advice.
And yet, after you sobered up, you did not AT ONCE go and fix this. You posted here to see your potential charges.

I can't imagine being so drunk as to put generations of victims in danger. Sorry. Just can't.

AA should be the first stop after the police station to recant your statement.
 

Sticet

Junior Member
I'm seeing a lawyer tomorrow about it. I knew immediately that it was a mistake after it happened, but you can't do much on the weekend. I talked to a social worker today and plan on going to counseling. I don't feel like I have to drink, and only drank when my husband did to be social.
I understand what you're saying Blue Meanie, but I'm willing to do whatever it takes to fix this situation. Thank you for your replies.
 

Zigner

Senior Member, Non-Attorney
I see our OP as a VICTIM who fails to recognize it. Our OP needs INTENSE counseling to recognize her position and take steps to remedy it. Hopefully, the prison time her husband serves is long enough to allow her to get a clear picture of this.
 

Just Blue

Senior Member
I see our OP as a VICTIM who fails to recognize it. Our OP needs INTENSE counseling to recognize her position and take steps to remedy it. Hopefully, the prison time her husband serves is long enough to allow her to get a clear picture of this.
That is something the DA will deal with. ;)

I am just pointing out the fallout of "recanting". It does not only effect the "victim". It effects others.
 

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