Legal Question in Criminal Law in California

False Charges Continuing

My daughter is continually being harassed by her ex, and him making up false charges. He is believed and with no witnesses or evidence, they arrest her, a few times now. Before this, she had no criminal history. Is there a way to make this stop? Is there someone we can write to or contact outside of where we live who can get involved, because otherwise he will just be able to continue to do this? He has also gotten out of his own charges and we're wondering who we can contact regarding that because in Ca. there is a zero tolerance for physical assault, and if you have proof or witnesses, they have to prosecute. We'd like to make them do that, as they didn't for those charges and some other ones. We are still in the statute of limitations time frame and even have photographs with our police reports. Please help. Any information is greatly appreciated. Someone had mentioned that we contact the attorney general's office; do you know if this is correct or not, and if not who we should contact? Do we resubmit it through the same local office more than once? Does it make a difference if we have an attorney do it for us? Can we hire an attorney like that on contingency? With all the many charges and bail paid, no money.


Asked on 5/04/05, 12:33 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: False Charges Continuing

It appears you have been on the un-believed side several times, establishing an apparent lack of credibility. If the DA wouldn't believe you and prosecute, there is no way to make them. Sure, you can sue the guy, but it doesn't sound like you could prove your allegations to the DA, so what makes you think you could prove them to a jury? Even if you could win a case, is it worth all the costs and attorney fees you will spend -- does he have substantial assets and wealth to make anyone think you could actually recover money on a judgment? The best you might hope for is to convince a judge to issue a restraining order against him, barring him from contacting you. That would be worth doing, to stop the problem. If interested, contact me to discuss evidence and costs.

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Answered on 5/04/05, 1:27 pm


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