Removing false claims from record

[tball]

What is the name of your state? Florida

My fiance and I had recently purchased a home together in her name with the agreement we would sign a quit claim deed titling it in both our names after moving in. On June 1st, two months after moving in and days before we are to sign the deed, she calls off the engagment and says she wants me out of the house. We argue, and I tell her she still needs to sign the deed and pay me for thousands of dollars I put into the house. After that day this dispute went on rather amicably for several weeks but was not resolved.

On June 26th I was hospitalized with high blood pressure, panick attacks and severe anxiety as a result of this stiuation. Not so coincidentally, while I was hospitalized she filed a complaint of domestic violence against me regarding the argument on June 1st in order to remove me from the home. There was no act of violence against her and in her claim no act of violence is stated, she simply misrepresented several events in order to make it apear as if she was scared of me, exagerated statments like "I am scared to death he will kill me" and "I carry mace with me in my backyard". when i have never even so much as threatened her, nor woudl I ever. I showed up with several witnesses to the full hearing and she immediately dismissed the claim prior to the hearing. I have several e-mails between us both prior to and after her claim, where I was clearly and very nicely trying to resolve our other issues, and was clearly no threat to her whatsoever. In my last e-mail I even asked her not to contact me other than in writing and said I want no contact with her otherwise. Since the day she ended it I just wanted what was mine and to move on.

She has since filed a false stalking report with our local police department and while picking up the report was treated very rudely (as if I am a stalker) and was told there is no way to remove this report from the police deparment records, that it would be there forever. I have absolutley no history of abuse, violence or any such behavior in my entire life. I have no criminal record whatsoever. I want to be able to have a healthy relationship with someone new in the future and I am devastated at having these false claims on my record.

What can I do, if anything to have them removed? I can certainly prove that she severely exxagerated her fears in her claim and that she did this all to prevent me from getting my share of the home. But now that the claim has been dismissed, what can I do to remove it entirely?

I realize now that I should have insisted on the full hearing anyway to prove that she lied, but I was so happy that it was dismissed it didn't cross my mind at the time.

What recourse do I have now?

 

[CdwJava]

You can hire an attorney and see if there is a process by which you can get a court to order the destruction of all records pertaining to this report. I seriously doubt that would ever happen, but you can certainly hire a lawyer to try.

You say she greatly exaggerated her fears ... well, that means that she may well have HAD some fears, and thus the report might be reasonable.

- Carl

 

[LdiJ]

Also, hire an attorney to handle the issue of the house, so that you no longer need to have any direct contact with her.

 

[tball]

You can hire an attorney and see if there is a process by which you can get a court to order the destruction of all records pertaining to this report. I seriously doubt that would ever happen, but you can certainly hire a lawyer to try.

You say she greatly exaggerated her fears ... well, that means that she may well have HAD some fears, and thus the report might be reasonable.

- Carl

There are allot of things and people I am scared of, who have never threatened or tried to cause me any harm. Should I be able to file police reports against them based on my own irrational fears? With no indication or proof that they are a threat? How about if these people I "fear" send me very professional messages trying to resolve a stiuation that prove they were not even a threat? Consider that tteh judge denied her original claim and request for a restraining order, and she then filed an addendum, to which I showed up at the hearing with witnesses and she immediately dismissed. If she was scared for her life of me why dismiss the request for protection once witnesses show up?

I do not think having fears without any proof for reason to have those fears is the foundation upon which a criminal claim that isn't proven should be placed upon someones record.

Do you know if any removal of such claims is possible or has occurred before?

I do believe I have very solid grounds for having it removed. Do you think the fact she owes me half a house and several thousand dollars would play into her motives for filing the claim and be apparent in front of a judge?

 

[tball]

Isn't it obvious

Also she lied in her stalking report saying that I followed her in my car. Never happened.

Appearently it would be better and easier for me to make false claims and stain her record than it would be to correct the record, since apparently false claims do not need to be proven, but correcting them does need to be proven. This is just bogus.

I simpy want the truth to be told and clear my record, I have no history of any such violence, abuse, harassment, etc, and this is devastating to me.

Why did she wait until she took posession of the house to file a claim, if she was so scared of me all that time?

She is trying to ruin me just to get the house and not have to pay me anything, isn't that obvious?

 

[tball]

I should say, if it can be proven that her fears were very unresaonable and irrational (which can be proven) what are the odds of this being removed?

Personally, I witnessed my father abusing my mother as a child and was also abused myself, the idea of a man abusing a woman disgusts me and having this on my record is torment for me. Wouldn't this qualify as harrassment?

 

[CdwJava]

There are allot of things and people I am scared of, who have never threatened or tried to cause me any harm. Should I be able to file police reports against them based on my own irrational fears?

Provided the information you provide is not knowingly and maliciously fault, you certainly have that right. If the report lacks probable cause to support an arrest or criminal filing, then so be it ... but,. you have the freedom to try and report anything you want - irrational fear or not.

How about if these people I "fear" send me very professional messages trying to resolve a stiuation that prove they were not even a threat?

Sounds like a possible defense in court.

Consider that tteh judge denied her original claim and request for a restraining order, and she then filed an addendum, to which I showed up at the hearing with witnesses and she immediately dismissed. If she was scared for her life of me why dismiss the request for protection once witnesses show up?

Again, sounds like a possible defense argument. None of this necessarily requires the officer to blow off the report.

I do not think having fears without any proof for reason to have those fears is the foundation upon which a criminal claim that isn't proven should be placed upon someones record.

You are free to believe what you will. However, anyone can call the police about anything. The police may or may not take a report about what the person calls about. Since it seems no action was taken based upon the report it is likely that the report supports your claim that you did nothing wrong. I don't imagine a judge will order that they destroy the report, but, if you have a few thousand for an attorney you can certainly try.

Do you know if any removal of such claims is possible or has occurred before?

Under these circumstances? Never heard of it. I have known it to occur only when the report was found to be KNOWINGLY false and malicious (generally resulting in prosecution for the false report) ... however, in those matters, the report often still exists because it becomes proof of the criminal act.

The key here is that her exaggerating her claims or fears is not likely to be sufficient to compel a court that she made a knowingly false and malicious report to the police. Her perceptions or feelings - even if wrong - are still valid for her to report.

I do believe I have very solid grounds for having it removed. Do you think the fact she owes me half a house and several thousand dollars would play into her motives for filing the claim and be apparent in front of a judge?

It can also look like you are the one being vindictive.

Like I said, if you have the money for an attorney, I am sure he will be happy to spend it trying to get it removed. I have never seen it happen, but I suppose it IS possible ... though I suspect it is a very, very, very remote possibility.

Consult local counsel to find out if it is possible in your state.

- Carl

 

[CdwJava]

Also she lied in her stalking report saying that I followed her in my car. Never happened.

But if she believed it did, that's not a lie ... it might be incorrect, but it's not a lie. How do you prove she knowingly lied?

Appearently it would be better and easier for me to make false claims and stain her record than it would be to correct the record, since apparently false claims do not need to be proven, but correcting them does need to be proven. This is just bogus.

I don't know the laws in your state, but in mine police reports are not just tossed about like candy. If a report was made against you here, no one would likely ever know unless you or the other party told people.

I simpy want the truth to be told and clear my record, I have no history of any such violence, abuse, harassment, etc, and this is devastating to me.

You were not apparently charged with a crime, so my guess is that the report reflects the fact that you apparently broke no law.

Why did she wait until she took posession of the house to file a claim, if she was so scared of me all that time?

There could be a dozen reasons, none of which invalidate her claims or make them false. Proving a lie is difficult and almost impossible.

She is trying to ruin me just to get the house and not have to pay me anything, isn't that obvious?

Maybe to you. And maybe that's the case. But the police report is NOT evidence. A report proves nothing and is not evidence in any court of law. Her statements are proof, and the observations of others and their statements are also evidence - but not the police report.

- Carl

 

[CdwJava]

I should say, if it can be proven that her fears were very unresaonable and irrational (which can be proven) what are the odds of this being removed?

Personally, I witnessed my father abusing my mother as a child and was also abused myself, the idea of a man abusing a woman disgusts me and having this on my record is torment for me. Wouldn't this qualify as harrassment?

The key to whether it is "harassment" or able to be destroyed or not is not whether the fears were unreasonable or irrational, but whether the claims were made false and maliciously. At least that tends to be the standard.

- Carl

 

[tball]

More detail...

The key to whether it is "harassment" or able to be destroyed or not is not whether the fears were unreasonable or irrational, but whether the claims were made false and maliciously. At least that tends to be the standard.

- Carl

Thanks for your input, very informative and as a layperson those are the things I need to know from a legal standpoint.

Actually I think what you just said works in my favor, because it is easier for me to prove they were done falsley and maliciously, than to prove her fears were irrational.

Here is what I have, please tell me your opinon.

In her claim she makes it appear as if I was emotionally distraught over the end of our relationship, when in fact I agreed to end our relationship. This can be proven by e-mails between us shortly after the breakup.

In her claim she goes from June 1st, the day she ended things, to June 26th, the day she took posession of the home, and makes no mention of anything in betweeen those dates. I have e-mails between us, from June 1st to June 22 where I was simply trying to resolve these things and make no mention of our relationship at all.

She makes it appear as if she left the home on June 1st in fear of me and for her life, when she in fact safely stayed in the home with me for two weeks afterward, and this can be proven.

All written correspondence between us between June 1st and June 26th shows me attempting to resolve matters and her responding very rudley and irrationally to my attempts.

Days after she vacated the home she entered the home through the backyard one morning while I was sleeping. I awoke and approached her in the yard and she immediatley began yelling at me (apparently in an attempt to get the attention of nieghbors) and threw an eviction notice at me. I have a witness who spent the night with me in the home out of concern for my safety and saw her do this.

During this time I stopped recieiving mail. I asked her about this and she played dumb. When I told her I confirmed with the postman that mail was being delivered, she said I would get it on Monday. I have this in written correspondence between us as well. I then told her in writing and verbally, that I would call the police if I didn't have it by tomorrow The next day while I was away from the home, several days of mail was placed in the mailbox. She states in her DV claim that I accused her of taking my mail, which is true. She just didn't explain the rest of the matter.

She also let somone in the home while I was away and says it was not her. I came home to the alarm turned off on two occasions, tried to report it to police and was told to hire an attorney that it was a civil matter. I had about $75,000 in business equipment in my home office. On the second incident I noticed that exterior keyed access deadbolts were added to rear doors of the house when they had previously been only single sided locks accessible form inside the home. I noticed my passport, social security card, the keys to her rental townbhouse which I was managing, the lease to the townhouse, and our agreement regarding our home purchase, were all missing. I contacted the police and they would only take a report for my passport. I contacted my fiance in writing regarding these matters twice and got no response. The last contact in writing was four days before she filed her claim and no threats or even anger was exrpessed, just trying to get keys for the locks and again resolve matters.


Even after she made her DV claim, and before I was aware she made it, in my last e-mail to her on the same day she says I followed her, I asked her not to contact me any other way than in writing or via e-mail. She responded that she would be donating all my property to the Salvation Army in two weeks.

Her motion for injunction was dismissed and she is now responsible for my property until this is resolved. But since she decided to dismiss, a judge has not heard the rest of the story, only her version.

What do you think and what would your advice be?

Thanks

 

[CdwJava]

In her claim she makes it appear as if I was emotionally distraught over the end of our relationship, when in fact I agreed to end our relationship. This can be proven by e-mails between us shortly after the breakup.

This is a matter of perception. Reading those tea leaves incorrectly is not proof of malicious intent.

In her claim she goes from June 1st, the day she ended things, to June 26th, the day she took posession of the home, and makes no mention of anything in betweeen those dates. I have e-mails between us, from June 1st to June 22 where I was simply trying to resolve these things and make no mention of our relationship at all.

The e-mails show only what is said, they are not proof of what she believes or how you feel, only what the two of you typed. If you included in an e-mail that you were having a torrid affair with Paris Hilton it is not proof that it occurred ... failing to write that likewise does not prove that such an affair does NOT exist. The emails are what they are.

She makes it appear as if she left the home on June 1st in fear of me and for her life, when she in fact safely stayed in the home with me for two weeks afterward, and this can be proven.

That, too, can be explained ... she had no alternatives ... she was afraid you'd come after her ... you threatened to harm her if she left ... etc. There is ample evidence to support such a claim, even if false. They certainly go toward your defense should it go to court, but they do not prove the falsity of her claim.

What do you think and what would your advice be?

I'd say you have far more serious matters than spending a few thousand in a 'Hail Mary' attempt to get the police to shred and delete a report.

While the things you write would be a defense against certain criminal complaints, they do not prove that whatever she reported to the police was done with knowingly false and malicious intent. The totality of the facts MIGHT rise to that level, but I would be very skeptical that they would. In my state the odds of your prevailing would be very slim. However, the law may be different in your state.

Keep in mind that courts are very reluctant to destroy records of reports - even when they are deranged.

I would recommend you consult an attorney and see what he feels your chances are, and how much it will cost you for an attorney to try. I would suggest you could better spend the money elsewhere.

- Carl

 

[tball]

Thanks anyway

This is a matter of perception. Reading those tea leaves incorrectly is not proof of malicious intent.


The e-mails show only what is said, they are not proof of what she believes or how you feel, only what the two of you typed. If you included in an e-mail that you were having a torrid affair with Paris Hilton it is not proof that it occurred ... failing to write that likewise does not prove that such an affair does NOT exist. The emails are what they are.


That, too, can be explained ... she had no alternatives ... she was afraid you'd come after her ... you threatened to harm her if she left ... etc. There is ample evidence to support such a claim, even if false. They certainly go toward your defense should it go to court, but they do not prove the falsity of her claim.


I'd say you have far more serious matters than spending a few thousand in a 'Hail Mary' attempt to get the police to shred and delete a report.

While the things you write would be a defense against certain criminal complaints, they do not prove that whatever she reported to the police was done with knowingly false and malicious intent. The totality of the facts MIGHT rise to that level, but I would be very skeptical that they would. In my state the odds of your prevailing would be very slim. However, the law may be different in your state.

Keep in mind that courts are very reluctant to destroy records of reports - even when they are deranged.

I would recommend you consult an attorney and see what he feels your chances are, and how much it will cost you for an attorney to try. I would suggest you could better spend the money elsewhere.

- Carl

OH DEAR GOD....

I just realized you are a cop, regardless, thanks for your "OPINION", if you are not a cop you sure do think like one.

She cannot prove that she had any fears, or reason to fear me, period, just statements that she had fears, where I'm from if a judge sees "actual evidence" which clealry contradicts a persons sole suggestion that they had fears, and sees that there is a motive to make such a frivolous complaint, he certainly takes this into consideration.


I've told you several incidents which prove she acted maliciously towards me which you overlook entirely.

Where I'm from judges realize that women make false claims of domestic violence against men for malicious reason on a daily basis.

Her stated fears alone were clearly not enough for a judge to even issue a restraining order regarding the matter. Once I showed up in court with WITNESSES, she bailed an dismissed it.

I have no criminal history or history of violence or abuse and where I'm from judges don't play cops, and they consider all of these things.

I have an attorney and was just seeking the advice of OTHER ATTORNEYS.

Where I'm from you certainly don't go to cops for legal advice. Cops are why we have judges and lawyers. Thanks anyway. No further response is necessary.

 

[CdwJava]

I just realized you are a cop, regardless, thanks for your "OPINION", if you are not a cop you sure do think like one.

Yep. I am.

She cannot prove that she had any fears, or reason to fear me, period, just statements that she had fears, where I'm from if a judge sees "actual evidence" which clealry contradicts a persons sole suggestion that they had fears, and sees that there is a motive to make such a frivolous complaint, he certainly takes this into consideration.

Unless it goes to court, she does not have to "prove" anything.

I've told you several incidents which prove she acted maliciously towards me which you overlook entirely.

No, they don't prove malicious intent. Please ask your attorney for that definition. And "malicious", by itself, is not generally grounds to destroy a police report or even prosecute for a false report.

Where I'm from judges realize that women make false claims of domestic violence against men for malicious reason on a daily basis.

And that is called "reasonable doubt" in court, and a defense to criminal charges. Perjury is something else entirely as is making a false report ... those elements are very difficult to prove.

Her stated fears alone were clearly not enough for a judge to even issue a restraining order regarding the matter. Once I showed up in court with WITNESSES, she bailed an dismissed it.

You won. That's how the system works. but that does not prove anything she said was false. It might infer that, but it certainly does not prove it.

I have no criminal history or history of violence or abuse and where I'm from judges don't play cops, and they consider all of these things.

The judge doesn't have to play cop - he has to follow the law. Only a local attorney can tell you what the standard is in your state to have a police report destroyed. In most every state I am aware of the standard is VERY high.

I have an attorney and was just seeking the advice of OTHER ATTORNEYS.

Then go out and consult them. You came here - not everyone here is an attorney, and most attorneys are not going to give you "legal advice" without the benefit of ALL the facts.

Where I'm from you certainly don't go to cops for legal advice. Cops are why we have judges and lawyers. Thanks anyway. No further response is necessary.

I did not provide any "legal advice". However, I DID provide my input as one who has been on the job for almost two decades and not only manages my agency's records division, but also the investigations division. As one who has seen these matters come up before, it is my opinion that you have a very tough road to travel if you hope to have the report destroyed. However, as I said, you are free to consult a local attorney to see what their feeling is on the laws in your state. Maybe your state freely destroys police reports if no successful prosecution takes place ... I doubt it, but that's possible, I suppose. In my state, you would not likely get very far unless you can prove malicious intent. Maybe your state does not require such a level ... but, I suspect it does.

Oh, and if you really think that we have judges and lawyers because we have cops, you need to hit the books a little more as to the history of all three. You DO realize that both attorneys and judges existed before organized law enforcement, don't you?

- Carl

 

[tball]

Myself and my attorney believe we can certainly prove malicious intent. it's an attoerney I've been with for several years so I do not beleive he is misleading me just to make money.

 

[tball]

We are pursuing a full suit regarding the other matters, in which we will prove several acts of malicious intent, as well as a motive for such intent. Just about everythign in this suit disporves her claims and the legitimacy of her actions against me. And yes, it is expensive. But worht it.

Wanting me out of the house is one thing, but disconnecting my business computer and telphone, when she know this is how I make a living, is quite malicious and damaging, among other things she did. Taking someones mail certainly is no sign of "freindly" activity. She also slapped and scratched me, of whcih I have evidence, for which I have yet to press charges. in contradiction to her claims, everything I've stated can be proven. and clearly shows a pattern of malicious intent towards me.

An eviction notice to someone you were with for five years and engeged to only 20 days earlier, when you know they have no place to go or work from, they have done nothing to you, and have given no reason as to why you wan them out, may not be criminal, but is clearly malicious.

These may not be criminal acts, but they certainly are civil violations, punsishable in a court of law.