false police reports

[Desire]

My ex has filed 6 false police reports on me in the past year. I asked the local police department to investigate these due to them being false. The officer denied my request and stated " You were never charged , therefor we will not investigate because nothing was done". In court the judge does not see it that way. How can I clear my name and prove to the court my ex is and has been abusing the system to keep our daughter away from me?

 

[Proserpina]

All you can do, realistically, is explain to your Judge that you've never been charged and you believe that your Ex is maliciously filing false reports.

If the Judge believes you, nothing will happen except your Ex might get a slap on the wrist.

 

[Desire]

This Judge is a very prestige Judge and 5 years ago I made the mistake of loosing control in the courtroom and since apologized for my actions, but this Judge will not accept my apologies and once you make her mad its all down hill from there. I really want to know if there is any way I can request the reports be investigated. Do I have that right to do that?

 

[Betty3]

You might talk to a lawyer - sometimes people can be prosecuted for filing false police reports and/or for harassment. It's just a suggestion.

 

[Proserpina]

This Judge is a very prestige Judge and 5 years ago I made the mistake of loosing control in the courtroom and since apologized for my actions, but this Judge will not accept my apologies and once you make her mad its all down hill from there. I really want to know if there is any way I can request the reports be investigated. Do I have that right to do that?

The problem you have is that nothing happened - there were no charges, nothing. I seriously doubt you'll be able to have the court force an investigation.

Although it's true that sometimes filing false reports can result in a penalty for the person filing, it is actually very difficult to prove malice. If the person filing claims that s/he felt a report was necessary, it's a very difficult mountain to overcome.

 

[Desire]

Does the Judge have the right to take visitation away due to police reports filed. Even though I have never been charged?

 

[army judge]

You really need to hire a lawyer, or buy an hour of a lawyer's time to discuss this.
Trust me, you won't win this, but you can make it better.

 

[Desire]

Im disabled and on disability. I can not afford an attorney . this is why I came here to learn about my rights. I have tried every other source for help.

 

[army judge]

Im disabled and on disability. I can not afford an attorney . this is why I came here to learn about my rights. I have tried every other source for help.

Your visitation rights will be impacted IF you're in jail.

Otherwise, everything and anything is possible.

At least you can write the judge a letter and apologize.

But, that has inherent risks without speaking to a lawyer or two in your county.

The initial consultation is often FREE of charge.

I'd consider making a couple appointments, asking a couple questions about how judges behave in your county, especially that judge.

 

[Betty3]

As army judge noted, many lawyers will give an initial consultation for free. You can also try your local legal aid society or ask your local or state bar assoc. if they can refer you to a no cost/low cost attorney. Good luck.

 

[Proserpina]

Does the Judge have the right to take visitation away due to police reports filed. Even though I have never been charged?

The simple answer to this is "yes". If the Judge believes that there is a reason to restrict your parenting time, you have two choices - either go along with the recommendation, or try to appeal. An appeal will cost you money and they rarely work.