Q: Hello
My fiancé has been falsely accused of assault by her x husband , who is trying to keep her from leaving the state with her children. She has already been given permission by a judge to do so. She has full custody. He claims that she kicked a soccer ball at him striking him on his leg. he has named a witness but what he doesn’t realize is the witness knows the ball didnt hit this idiot. She has been arrested and booked for this crap. Can he be arrested for falsely accusing her ?
A: Your fiancé can try going to the criminal magistrate after this case is completed to see if the magistrate will issue a warrant for filing a false police report. Your fiancé will have to be able to show the magistrate enough evidence to make the magistrate believe that there is probable cause to believe that the ex-husband actually filed a false report. Not as simple as it would seem.
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