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Wife lied to police to have husband arrested so she could move with kids

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kms425

Junior Member
What is the name of your state (only U.S. law)? I am in California, but the subject of this matter is regarding my brother in law, which takes place in Washington

My brother in law was arrested in his home state of Washington for harassment against a police officer (felony) due to a 100% false fabricated story by his wife. She told police he was drinking and abusing prescription drugs and walked around with a gun in a shoulder holster under his jacket with intent to harm a police officer. They arrested him completely based on her verbal statement.

Her motive was that she was unhappy and wanted to move herself and their 3 children to Southern California to live her family. She threatened him for days, prior to actually calling the police, stating she was going to call the cops and have him arrested for a long enough period of time so she could pack and leave without him interfering. She did this by calling on Xmas Eve (Thurs 12/24), so he could not get released until Monday 12/28 due to the holiday and 72 hr hold policy.

Since his arrest she took his paycheck, sold one of their cars for $, abandoned one of their cars at the Portland Int’l Airport in long term parking and bought a car off craigslist to drive herself and 3 children to California without being tracked.

The state of Washington wants to sentence him for 5 years if convicted. Is this possible/legal? Can he be convicted based strictly on her statement? During his arrest, he was driving with his mother and 3 young children, stopped by a swat team, at gunpoint. He did not have any weapons and he did not have any alcohol in his system. He took, but did not abuse, his prescribed prescriptions, xanax, as well as a pain killer for a bad back he has. How can he prove she is lying? Is it legal for her to take/move the kids out of state? Please give me any help or advice you may have to offer. Thank you!
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? I am in California, but the subject of this matter is regarding my brother in law, which takes place in Washington

My brother in law was arrested in his home state of Washington for harassment against a police officer (felony) due to a 100% false fabricated story by his wife. She told police he was drinking and abusing prescription drugs and walked around with a gun in a shoulder holster under his jacket with intent to harm a police officer. They arrested him completely based on her verbal statement.
Was he doing any of these things?

Her motive was that she was unhappy and wanted to move herself and their 3 children to Southern California to live her family. She threatened him for days, prior to actually calling the police, stating she was going to call the cops and have him arrested for a long enough period of time so she could pack and leave without him interfering. She did this by calling on Xmas Eve (Thurs 12/24), so he could not get released until Monday 12/28 due to the holiday and 72 hr hold policy.
I don't believe you're being told the entire story here, but ok.

Since his arrest she took his paycheck, sold one of their cars for $, abandoned one of their cars at the Portland Int’l Airport in long term parking and bought a car off craigslist to drive herself and 3 children to California without being tracked.
She is legally allowed to do all of that. So far.

The state of Washington wants to sentence him for 5 years if convicted. Is this possible/legal?
Sure it's legal - if he's convicted.

Can he be convicted based strictly on her statement?
Highly unlikely.

During his arrest, he was driving with his mother and 3 young children, stopped by a swat team, at gunpoint. He did not have any weapons and he did not have any alcohol in his system. He took, but did not abuse, his prescribed prescriptions, xanax, as well as a pain killer for a bad back he has. How can he prove she is lying?
The State will need to prove its case against him. Not vice versa.

Is it legal for her to take/move the kids out of state? Please give me any help or advice you may have to offer. Thank you!
At the moment? Yep, absolutely. But Dad needs to march right on down to court and file for divorce and custody, and request his children are returned to the home state in the interim. Mom will need to show that this move is in the CHILDREN'S best interests. Not hers.
 

HighwayMan

Super Secret Senior Member
It doesn't seem like she has any interest in coming back to Washington to pursue the case. I would tend to doubt that anything will happen to him.
 

Proserpina

Senior Member
I can't see how it's okay to take someone else's paycheck. He might want to pursue criminal charges against her.
Perhaps a valid point - more information would be good, though.

Like...did she take it and cash it herself? Did she forge his signature?
 

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