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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27467
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In CA, what is our recourse in a case where my brothers

Customer Question

In CA, what is our recourse in a case where my brothers ex-wife "resolved" an argument about who gets their son what day by calling the police and telling them my brother had a gun and was going to kill "everyone"
This of course was not true, they pulled my brother, who owns no weapons, sober, from a tent in the yard where him and his 6 year old son were sound asleep, camping.
This was SWAT at gunpoint, with assault rifles pointed at both of them.
He was taken away handcuffed in his boxers but was never charged or arrested.
Submitted: 2 years ago.
Category: Criminal Law
Customer: replied 2 years ago.
My brother has no prior record of any kind.
Expert:  Zoey_ JD replied 2 years ago.


My name is ***** ***** I am an experienced criminal lawyer.

This question was posted in criminal law. Are you asking whether or not your brother can get his ex-wife prosecuted as a result of this incident? If so, for calling in a false emergency claim, the answer is that she can be criminally charged for her actions. On the civil side, he may also want to pursue a suit for malicious prosecution/false arrest and/or take it up in family court to clarify and modify custody arrangements.