Jefferson City, MO asked in Criminal Law, Domestic Violence and Federal Crimes for Missouri

Q: How can I explain and resolve a mistaken false accusation I put on my spouse to the judge?

Me and my husband got into a fight one day and our children came to the area where it was going on and tried to break us up My husband shoved one of them out the way and made the others leave the area. I thought he had harmed the one he shoved and called the authorities on him so they could have him leave the house for a couple days to calm down. The office there old me that he couldn't force my husband out the house. He advised me to file a report and get an exparte if I wanted him out. Long story short I took the officers advice and realized that my child never was hurt nor were the others in any danger. He now has a abuse and endangerment case on him for my lack of knowledge and poor decision making. I don't want to get arrested for a mistake nor have my husband charged for it. What should I do?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: It is important to take responsibility for your mistake and try to rectify the situation. If you have already filed a false report against your husband, you should immediately contact the authorities and let them know that your initial report was mistaken and that your husband did not actually harm your child.

You can also contact your husband's attorney or a family law attorney to explain the situation and ask for guidance on how to resolve the matter. You may need to appear before the judge and explain your mistake, and provide evidence or testimony to support your claim that your husband did not actually commit abuse or endangerment.

It is important to be honest and forthcoming with the court, and to take steps to correct the mistake as soon as possible. You may also want to seek counseling or other forms of support to work on improving communication and resolving conflicts within your family in a more productive and healthy manner.

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