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A person files a false domestic violence report

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against their spouse, the spouse...
A person files a false domestic violence report against their spouse, the spouse is now facing 5 years in prison for violating probation because of the false dv charge. If the spouse admits to filing a false report what will happen to her legally and will the charges be dropped from the husband so he is not violated?
Submitted: 9 years ago.Category: Criminal Law
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Answered in 1 hour by:
7/10/2008
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 9 years ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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If the spouse comes in to testify at the violation of probation hearing, that her husband did not commit any type of domestic violence upon her and the report was false, there is a good chance the person on probation, would not be in violation of their probation and the probation will be reinstated. The person needs to explain with good cause, why they filed the report in the first place, to satisfy the conscious of the court, that this person did not commit any act consistent with domestic violence and the information is false. As far as the person who filed the report, it would be up to the prosecutor, to decide if they wish to file charges against this person for filing a false report. If they chose to not file charges, nothing will happen to her. If they do, she will be charged and have to answer to those charges.
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Customer reply replied 9 years ago
What if the prosecutor decides to press charges against the person who made the false report? Is that a misdemeanor? felony? Could jail/prison time be given or just a fine?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 9 years ago
It would be a misdemeanor and they could face jail time, if the prosecutor was seeking that sentence. They also could possible be placed on probation and asked to pay a fine. There is no way of knowing, until it actually happens and the prosecutor has a chance to look at if this person has any criminal background. If they are a first time offender, the sentence is likely to minimal.
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