Legal Question in Criminal Law in California

If someone has a history of domestic violence and falsely accuses his ex of domestic violence, can the DA file charges against him for falsely accusing her of domestic violence. She has no history of domestic violence and no criminal record. There are witnesses to prove her innocence. It will be going to trial. This situation for her has been costly and the temporary loss of her children has taken place. Any help would be appreciated.


Asked on 8/18/10, 10:45 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Yes, but the D.A. obviously does not believe the charges are false since he is pursuing them in court. Even if the wife is acquitted, that will not been the accusation wasn't true. Most D.A.s are open to persuasion about such things, but your friend has a long way to go. For now she should focus on defeating the criminal charges against her rather than having new charges brought against her ex.

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Answered on 8/23/10, 10:59 am


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