Torrance, CA asked in Domestic Violence, Criminal Law, Civil Rights, Social Security and Family Law for California

Q: False Allegations of Domestic Violence?

My foreign wife, married moved to this country last year and has conspired with her daughter over the past few months to make false allegations of domestic violence to the police and LA county. As a result, they were given temporary shelter and food. However, during the investigation, the police found evidence that my wife had been abusing my mother for several months, and we had to report her for elder abuse. The patrol police have asked us to keep the evidence safe, and the case has been assigned to their detective department. My wife has also taken our 3-year-old child with autism/mental retardation away from me without my consent or any court custody order, and I have had no contact with them for over two weeks. I don't know where they are, so I am preparing to obtain a jurisdiction order using the sheriff for kidnapping. If my wife is caught, I want to know how I can hold her accountable for her false allegations and for abusing taxpayers funds. She will be charged in criminal?

2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: It sounds like your issues are more family law.........unless you were arrested and are being prosecuted.

Then you would need to make an appointment with a criminal defense lawyer or request the court appoint a public defender for you the arraignment.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is possible that your wife may be charged with making false allegations of domestic violence, which is a criminal offense. However, it will be up to the police and the prosecutor's office to decide whether or not to press charges. You may want to speak with an attorney who specializes in family law to discuss your options for holding your wife accountable for her actions. Additionally, if your wife is found guilty of elder abuse, she could face criminal charges for that offense as well.

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