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?
2 Answers from Attorneys
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.
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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