Legal Question in Criminal Law in Virginia

I have a question about something. I had my son over the apartment one day last week. I tried to get him up for school and he didn't want to get up so I went back into the room to try and play with him on getting up for school. I hit his Butt just playing and he text his mm saying that I hit him. So I was in the living room just waiting to see if he was going to get up and he didn't. Then I had someone knocking at the door and it was the cops. They ask me if there was person name here and I said yes so they came in to see him. They didn't see anything wrong and then they called is mother and the officer said that there will no charges going to be made. She called the cops on me because my son said that I was hitting him. And if that the case can I get charge her for calling the cops or will it go against my son for texting her saying that I was hitting him. I would like go found out about this matter because if I can charge his mother I will. Also do I go to the commweath to talk to them and also do I go to the sheriff office to get the report or will the sheriff dept will have to do this. Please let me know on this matter please.

Asked on 9/12/13, 2:22 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

No, it is most unlikely under the facts alleged, that the boy/s

mother would be charged with anything, including the filing of a false police report (in my opinion).

Yes, you could certainly contact your local office of commonwealth's attorney but I don't see them doing anything with your complaint based upon these facts nor is it likely (in my opinion) that any law enforcement agency involved in the investigation of this matter (whether police of sheriff's department) would be releasing its report to you.

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Answered on 9/14/13, 7:49 am

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