Legal Question in Criminal Law in California

Citizen filing a false police report

Person A files a police report with knowingly false and exaggerated allegations against Person B. Person A accuses Person B of stalking, harassment, threats, and prior incidents of assault. All charges are false, but Person A wishes to establish a history of abuse in order to obtain a restraining order against Person B because Person A wishes to have no future contact due to emotional involvement and complications. No charges were brought by the DA against Person B based on the allegations in Person A's police report, nor was a restraining order ever obtained against Person B.

Can Person B file a complaint and force charges to be brought against Person A for knowingly filing a false police report?

Although perhaps not provable in court, can Person B insist that these charges at least be filed for the record, especially if they have proof via taped phone calls that Person A knowingly lied on the report?

Asked on 8/31/02, 2:02 pm

2 Answers from Attorneys

Ronald Mahurin Law Offices of Ronald Glenn Mahurin

family law

Any prosecution against person A would need to be handled by the DA. There is civil action in tort for malicious prosecution, but civil courts are expensive and you state the allegations cannot be proven, even when the standared is preponderance of the evidence. I suggest you start documenting everything thoroughly and perhaps with time you will obtain enough information to proceed against person A. Additionally, you might want to speak to a family lawyer, as they deal with these issues all the time.

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Answered on 9/01/02, 2:12 pm
David Diamond Diamond & Associates

Re: Citizen filing a false police report

You can talk to the DA and/or police and advise them of the false police report.

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Answered on 9/03/02, 2:12 pm


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