Legal Question in Criminal Law in California

911 issue

I live in sunnyvale.I called 911 when my husband parents were trying to kick me out of my husband's house though that time he was not at home.Police assured me that they cannot kick me out and left without giving case number. Now in our home country my husband is claiming that i caaled the police in false case and police warned me not to call them in future in false case otherwise they will penalty me.This is completely false.Nothing like this happened.

1)what to do if the police gave such false statement?Whom i can approach in such case.I cannot effort an attorney as i am not working.


Asked on 5/12/09, 10:47 am

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: 911 issue

I am a little confused by your question and the factual circumstances under which the events occurred. I am also not sure if you are in the United States or in a different country since your question provides that you are now in your "home country." However calling 911 is not a criminal act and if your husband is claiming that it is then I suggest you ask him to produce the Police report or arrest report involving the incident. People call 911 by mistake all the time. People also perceive emergencies are occurring all the time and when the Police arrive the facts reveal there is no emergency. The Police can generally determine when someone has made a mistake or when someone is purposely abusing the system. The fact you were not arrested and no Police report number was given to you indicates the Police did not feel anything further was necessary and they take false 911 calls very seriously.

The manner in which your question is phrased indicates you are either from a different country or you are not familiar with the 911 emergency system and that your husband is attempting to take advantage of your lack of knowledge regarding it.

The 911 emergency dispatch centers generally keep files of every phone called received and answered. The call is recored and filed on a computer for later use when situations like this occur. If you call the Police department that responded to the 911 call they may be able to give you a telephone number for the emergency dispatch center. They may still have the recording of the call and you would be able to request a copy of it. The recording should demonstrate your belief was justified and that no crime occurred. It will also demonstrate that your husband is either mistaken or trying to take advantage of you.

It also sounds like this is not happening in the context of a criminal court proceeding but instead in family law proceeding such as a divorce or dissolution. If that is the case and you are in California the courts generally have family law facilitator's offices in the court house to assist people with court procedures. I would suggest finding out about these services and taking advantage of them.

Your question also indicates you may be in Colorado and not California. I do not practice law in Colorado and do not know the procedures for that state.

Good luck!

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Answered on 5/12/09, 6:57 pm


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