what next?

United States
October 22, 2006 7:22pm CST
Someone filed a false police report agianst my husband which is false. They are mad at me and are taken it out on my husband cause he was arrested for simple assualt once and they are trying to use that agianst him?They filed a harresement charge agianst him saying he threated them when in fact he never spoke to them. Just for reference the simple assualt charge was dismissed without prejudice. My question is what are he penalitied for filing a false police report and can my hubby sue for defamation of carracter?
7 responses
• United States
24 Oct 06
Yes, as defence and as an offence. If you can have the neighbor swear in an affidavit to all the things you claim, then you have an excellent case to back up your reverse charge theorum. From the way it sounds, the ones who filed the charges are the offenders and you the victim. This would support the false report charges. Friendly advise moment: If the disruptions continue, then call the cops and file your own report,(either at the actual time it is occuring, which is best, or citing the evidence you just presented. Use it in court and use affidavits to explain what is happening in the video, in the pictures, the approximate times supported by your notes, and the circumstances leading up to the false charges. As stated before, do not worry about any other prior charge as it cannot be used in court. If it is even commented upon in court, then object as to being irrelevant and immaterial. The information, in part, was taken from a New Jersey lawyers website in Cherry Hill. You might want to explore the possibilities of hiring one on there, as it seems that NJ takes these charges very seriously. Ta.
• United States
25 Oct 06
My pleasure.
• United States
24 Oct 06
Thanks a milion. You have save me and my husband part of our sanity.
• United States
24 Oct 06
Harassment can be a serious criminal charge with potentially significant penalties. It makes sense to cover your bases and make sure your rights as defendant are fully protected by talked to an experienced criminal defense attorney about your New Jersey harassment charge. You can be charged with harassment here in NJ if you are causing "purposeful disorder" to another by making repeated attempts to irritate or annoy another person with purpose. Threatening to hurt or assault another person, or making noise or causing other significant annoyance may also be considered a crime under New Jersey harassment laws. The laws state that you can be charged with harassment if there is a claim that you have: Made, or caused to be made, a communication or communications anonymously or at extremely inconvenient hours, or in offensively coarse language, or any other manner likely to cause annoyance or alarm; Subjected another to striking, kicking, shoving, or other offensive touching, or threatened to do so; or Engaged in any other course of alarming conduct or of repeatedly committed acts with purpose to alarm or seriously annoy such other person If there is evidence of any of these elements, you will be charged with a Petty Disorderly Persons Offense in your local New Jersey Municipal Court. Harassment Penalties in New Jersey A conviction in such a matter will show up on your criminal record, and may have serious consequences for you. A Petty Disorderly Persons Offense carries penalties of up to 30 days in jail, and fines of up to $500. Also refer to my domestic violence penalties page if the relationship and statute applies. If you can prove your husband has never made any contact, then you can sue for defammation of character, filing a false police report, and harassment, but it will have to wait until after the hearing. Hard to prove on their part and even harder to defend. Whether you go the route of attorney, or if defending on your own...make sure you write Affidavits in your own words, (i.e. "He said, She said"). This is sworn testimony. About the best I can do, unless you have witnesses disclaiming their charge. By the way, the other party can only use the assault charge to make a report with, but it cannot be used in a court of law, since it was dismissed without prejudice.
• United States
24 Oct 06
Wow.Thanks for the info. It helped a lot. AS soon as all this stared happeing I started writing all of it down. Dates,times,how many time they woke up my daughter i even have the loud music and our leaky celing on video camera.I also have a neighbor that wittnessed the noise and disruption they cause one night that started in their apartment and carried out into the street.Will these work as evidence as well? Thanks.
@claudia413 (4280)
• United States
23 Oct 06
Definitely check with an attorney or local Legal Aid Service to see what rights you have. I wish you luck.
• United States
23 Oct 06
Each state is different in their laws. What State are you in? That would be a big help first.
• United States
23 Oct 06
Just to ease everyones brain i live in the great state of New Jersey.(not really so great)
@sbeauty (5865)
• United States
23 Oct 06
I would suggest that he take the subject up with his lawyer. If the suit is indeed false, then he should have some rights.
@bfa731 (409)
• United States
23 Oct 06
Talk to your lawyer about the situation first because it really goes down the specifics of the situation. However, from what you are saying it looks like you have a good case against whoever filed the false police report.
• United States
23 Oct 06
I think the penalties are different in every state, unless it's a federal case. But I would think that he could definitely sue for defamation fo character. In fact, if I were him I'd be on the phone to a lawyer first thing in the morning. The thing you have to ask yourself is, do the people who did this have any money that you can get if you sue them? If they don't, it's not really worth your time and you probably won't be able to find a lawyer that will be willing to take the case. But you should definitely push the police to charge them with filing a false police report.