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?
1 Answer from Attorneys
You can file a complaint but only the DA can bring charges. In over 26 years of practice I don't believe I've ever seen a DA bring charges against someone for filing a false report.
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