My soon to be ex filed false assult charges against me and they arrested me. How can they do that ? Concerned?

Question

Is this practice legal? What can I do about it. My soon to be ex wife moved to Ohio and used this tactic to get the children from me so she could take them with her. The investigator didn't even ask me any questions. If this is legal anyone can accuse you of anything and get away with it. This is not right. What can be done about it so that it does not happen to anyone else? I am on a fixed income and a full time student. This has been devasting financially. It has cost over $ 5,000.00 and counting. Please give me some insight on this situation. Thank you very much. Any info is greatly appreciated. Rich

Answer 1

Domestic abuse has a sort of rarefied air of guilty-until-proven innocent (as does child abuse and some others). Fortunately we have a court system that provides due process and you will get your day in court. If it is determined that this was an egregiously false report you can sue you ex-wife for the costs required to defend yourself when the trial is all over (in civil court)...and it will not be a plus for her in the custody hearing. I would not under any circumstances plead to a lesser charge just to get over it faster.

I am sorry about all of this. It is amazing what one partner will do to another...unthinkable really. Persevere - you have children and if you do not, they will grow up thinking how your wife behaves is right and normal.

Good luck and God bless.

A note to Mike the paramedic. I sincerely hope some woman creates a crap storm in your life and your friends and family sides with her. Even though you have seen it a thousand times, denials and all, doesn't mean that false accusations occur. Shut your pie hole and stop with the self-righteous, all-knowing, denial-only-means-you-did-it routine. Sometimes denial means you didn't do it.

Answer 2

You're ex-wife or anyone for that matter is allowed to press charges at any given time. Of course she has to substatiate these charges as well.

The rest about your kids all depends on what state you reside in. The fact of the matter is that you need a lawyer and lots of money. You can sue for her accusations if you can prove them to be false.

I'm sorry to day that if you are on a fixed income as student you will not get custody of your children, nor will you be able to afford the costs to even work out partial visitation. The best you can do is either quit school to get a full time job to pay for this, or find a lawyer willing to work for free, or bide your time until you have completed your studies and have a job which will provide enough income to accomplish this.

Remember, you married her. You have tolive with the consequences.

Answer 3

I am in Ohio and my ex accused me of abducting her at gun point. This never happened. All she wanted was my son because we have shared custody. I was arrested and 3 years and $20 000 later was I only able to clear it up. Yes, they can do it and you can do nothing about it. It costs upward of $250 an hour for an attorney too. Because abduction was a felony, instead of taking the chance with a jury and getting 5 years, I decieded to take a misdem. plea. I got it expunged, but now the prosecutor who doesn't even know me and who had nothing to do with the original case, wants to over turn my expungement, so now I had to get an appeals lawyer ($3500) to talk to them about it. I am still awaiting the verdict and my ex continues to take me to court for things. She has so far got nothing because we still have joint custody and with all she put me thru', other than losing thousands on something I didn't do everything is still the same as it was when we got divorced and I see my son all the time. I know it sucks that us men can't do anything. I pay her $508 a month for child support and she is still wanting more and keeps taking me to court. So far the court has granted her nothing more. We have another court date on 7/24. It is on going and devastating emotionally and especially financially. Good luck, I know where you coming from. Hang in there and if you did nothing wrong, I feel that it will one day work out for us.

Answer 4

If you truly didn't do anything to her or the kids then go to court when you should and take a lawyer with you. It would help to know what state youre in because I live in Wisconsin which is a very progressive state as far as mens/fathers rights go. In Wisconsin it doesn't matter if you are in jail, you still can have visitation and custody. Court and lawyers cost a lot of money however, do you believe that your children are worth it? Most lawyers will work out a monthly payment plan with you and believe me it will be worth it. You can always file charges against her for fleeing the state with no custody placement order from the court.

Answer 5

In domestic abuse cases, when one spouse is injured, the other goes to jail. There's another side to this story that I suspect you "forgot" to mention. You don't get arrested in this situation for mere suspicions. If the investigator didn't even question you, that tells me it was a "slam - dunk" case. It IS right and is a very good law. Take responsibility for what you did, deal with it and more importantly, LEARN something from it. The financial "devistation" is your tuition. Then move on with your life, a happier, wiser man.

Answer 6

You can be charged with anything and with very little evidence but being convicted is another thing. You might want to check with an attorney and have them tell you if it is worth looking into. It will eventually all come out into court and she could be charged and convicted of false allegations and report if this is the fact. They are real speculative when it comes to domestic violence and alot of people get falsely accused at first. But conjoin with an attorney on this matter

Answer 7

YOu need to document any and all instances of falsity from your ex, and consider filing a PPO - personal protection order.

You also need a good lawyer. Talk to the police in your area and ask them about how you can get your record cleared. Believe me - this country preaches "innocent until proven guilty" but I have seen that he (or she) who calls the cops first is treated as though they are right. No one checks the facts first to see if the accusing party is lying or not.

Answer 8

If you have proof that the assult was false, then you could go to court and the charges could be dismissed. And no it is not legal for people to report a false assult cause if they are caughtthey could go to jail or do community service. If you have the proof, you are straight.

Answer 9

Same thing happened to my hubby. It took over 2 yrs to go to court and then she didn't even show. He spent a lot on a lawyer as well as not having the right to contact her. He never saw his daughter (born after she did this) for 2 yrs!!! It was a good tactic on her part. It worked, but has been hell for us.

Answer 10

She must have had evidence or a witness. The money is little compared to the long term consequences on the children. End the relationship and more on for everyone's best interest.