Legal Question in Civil Litigation in California

Re: legal options

You should consult with an attorney regarding a possible violation of the Family Code, the section is copied below:

FAM �3027.1. Sanctions for False Accusation of Abuse or Neglect

(a) If a court determines, based on the investigation described in Section 3027 or other evidence presented to it, that an accusation of child abuse or neglect made during a child custody proceeding is false and the person making the accusation knew it to be false at the time the accusation was made, the court may impose reasonable money sanctions, not to exceed all costs incurred by the party accused as a direct result of defending the accusation, and reasonable attorney's fees incurred in recovering the sanctions, against the person making the accusation. For the purposes of this section, "person" includes a witness, a party, or a party's attorney.

(b) On motion by any person requesting sanctions under this section, the court shall issue its order to show cause why the requested sanctions should not be imposed. The order to show cause shall be served on the person against whom the sanctions are sought and a hearing thereon shall be scheduled by the court to be conducted at least 15 days after the order is served.

(c) The remedy provided by this section is in addition to any other remedy provided by law. [Added as �3027, 1992 ch. 162 (optve. January 1, 1994); amended 1993 ch. 219, 1994 ch. 688; renumbered to �3027.1 and amended 2000 ch. 926.]

Re: legal options

Sounds like you need to talk to a lawyer. A half-hour consultation should give you most of the answers you seek. It sounds like she might have participated in malicious prosecution, abuse of process, and intentional infliction of emotional distress, among other things, toward your brother-in-law. Whether you have a claim depends upon all the facts.

Re: legal options

In addition to what Mr. Cohen said, your brother-in-law should apply to the criminal court for a "Declaration of Factual Innocence." There is a time limit for this, and it will help your case/his case.

Re: legal options

I disagree with my colleagues about your prospects, though I agree with Mr. Stone that your brother-in-law should seek a declaration of innocense.

The ex-wife can be prosecuted for intentionally making a false police report, but she can't be sued for it. Police reports are privileged and cannot form the basis of civil liability.

Even if she could be sued, the only person with standing to do so would be your brother-in-law. After all, he is the one who was put through the legal wringer. You chose to post the bail, but were not forced to do so. What you did was admirable, but that does not mean the ex-wife is responsible for it.

I wish I could be more encouraging.