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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27056
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I wanted to know if it was against the law if someone turned

Customer Question

I wanted to know if it was against the law if someone turned in fake arrest records and states that someone already has restraining orders on me if I am going t
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: Through a custody battle for my children right now
JA: What state are you in? It matters because laws vary by location.
Customer: California
JA: Has anything been filed or reported?
Customer: My kids dad filed false reports on me and cps came out and found no abuse however he went to her school slandering my name and they filed a protective order on me now
JA: Anything else you want the lawyer to know before I connect you?
Customer: So I want to know if that is against the law to make false arrest records and him stating that partner has restraining orders me? Because it is not true at all I don't have my cc on me
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Customer: replied 4 months ago.
Ok thank you.
Customer: replied 4 months ago.
Second question is I want to know if u request a female officer to assist with your daughter being questioned behind closed doors with 2 male officers and no one was ever called if that was against the law
Expert:  Zoey_ JD replied 4 months ago.

Knowingly filing false reports is a criminal offense. In California that is covered by PC 148.5. You can read the statutes and see the penalties by clicking on the link I provided.

Telling this story to the school when he knows it to be untrue would be defamation of character. So he could also be liable civilly for that.

There's nothing unlawful about your daughter being questioned by two male officers. If they had to frisk or strip search her and they had women available, that would be a different story. But to question her, there's no right to a same-sex interrogator.

Customer: replied 4 months ago.
There is a lot to this story but I'm focusing on key points to see if i should file a case. So cps came out found me at no fault at all and gave me their card. Told me if something were to happen and cops get involved as far as not bringing my daughter home which there was and i did give cops her card. So after being at the school over 6hrs the cops ended up issuing me a protective order and stating I pushed my daughter and chocked her which prior to this they stated she said I have never hit Her. They never talked to social worker and I had her on phone but they had already requested the order and was having a judge sign it. The cps worker stated my daughter was to come with me but they said it was to late. It's all because my kids father lied about me and had them against me and they wanted to go home because it was to late. So is that legal
Expert:  Zoey_ JD replied 4 months ago.

If the police believed the school and your husband, then their actions were appropriate because they had probable cause to believe your child to be at risk. But you can certainly sue your husband for what he initiated with his deliberately false story and sue the police as well for not having further investigated.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.