Legal Question in Criminal Law in Kansas

Domestic violence, false police report

My husband was arrested for domestic battery. He broke my arm and caused some other more minor injuries. The police took pictures and had evidence of all of this. They took him to jail. The problem was this..... he is related to most of the police department since we lived in such a small town. Mysteriously, he never was formally charged with anything. Since I did not work and had two small children to support, I let him come back.

Later, he was arrested again in a different county for domestic battery. The police took pictures of all of my injuries and took him to jail. He began calling all of my friends and my workplace from jail. He was bailed out and he came back home. I was very scared of him so when it was time for his trial, I said that I lied and made the whole thing up and had received the injuries when I had fallen down. He said that if I told this story, he would move out and leave me and my children alone. Now the Miami County, Kansas district attorney has filed charges against me for makin a false police report. I am very scared. Is there anything that I can do? Please email me at [email protected] .


Asked on 1/12/03, 6:08 pm

1 Answer from Attorneys
Anthony Smith LawSmith

Re: Domestic violence, false police report

Yes, there are things you can do. Call (or better yet, have an attorney call) the Miami County Prosecutor, and tell him this story. I hope that you realize that your mistake probably was in not seeking a Restraining Order.

What is the status now? Are you and your husband living together? Try to concince him to seek anger management counseling. There are numerous domestic violence agencies to assist you and your husband.

Are the children in danger? If so, you need to do something about this.

I suspect that if you call the prosecutor and tell him that you were scared based upon what happened previously, he might decide not to prosecute you. If you hire an attorney, I think you will increase the chances that you will not be pursued. You husband should pay the attorney, since he was the cause of this of your turmoil.

Good Luck

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Answered on 1/13/03, 5:46 pm


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