How to file "False reports to law enforcement authorities"

[Jw2234]

What is the name of your state? PA

Wonder if I can get some guidance - my ex has filed for the 2nd time in 3 years a harassment charge against me. Both times were for calling her phone / I attempted to call in reference to our kids... My lawyer and I have argued these and prevailed with the judge throwing out the charges both times as they contained no evidence, merits, or beliefs that the allegation were true. I believe that my ex is going to continue to file these type of charges against me because we are going through an ongoing custody dispute. Note that I have never and would never harass my ex or anyone. I have spent many thousands of dollars and lots of time defending myself. I believe that more charges will come in the future because that's just what she does and she has an agenda.

In Pennsylvania, there is a section that pertains to false reporting, that states:

"(18 4906). False reports to law enforcement authorities. (a) Falsely incriminating another.--Except as provided in subsection (c / occurring during a declared state of emergency), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree."

My question is: How do I file this PA 18 4906 charge? Would I go through the local police where I live, where she lives? Do I go through the local police or the county sheriffs? - I have all the supporting the validates my scenario.

 

[Just Blue]

px hx for background:

https://forum.freeadvice.com/thread...nspiring-against-me-on-a-bogus-charge.660048/

 

[Just Blue]

What is the name of your state? PA

Wonder if I can get some guidance - my ex has filed for the 2nd time in 3 years a harassment charge against me. Both times were for calling her phone / I attempted to call in reference to our kids... My lawyer and I have argued these and prevailed with the judge throwing out the charges both times as they contained no evidence, merits, or beliefs that the allegation were true. I believe that my ex is going to continue to file these type of charges against me because we are going through an ongoing custody dispute. Note that I have never and would never harass my ex or anyone. I have spent many thousands of dollars and lots of time defending myself. I believe that more charges will come in the future because that's just what she does and she has an agenda.

In Pennsylvania, there is a section that pertains to false reporting, that states:

"(18 4906). False reports to law enforcement authorities. (a) Falsely incriminating another.--Except as provided in subsection (c / occurring during a declared state of emergency), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree."

My question is: How do I file this PA 18 4906 charge? Would I go through the local police where I live, where she lives? Do I go through the local police or the county sheriffs? - I have all the supporting the validates my scenario.

What did your attorney say when you asked him/her these questions?

 

[Jw2234]

I havent asked her yet - I wanted to do some research before I did that

 

[quincy]

I havent asked her yet - I wanted to do some research before I did that

You can file a complaint with the police and it will be up to the police whether to investigate.

I recommend you discuss your concerns with your attorney. That is why you hired him.

Good luck.

 

[adjusterjack]

The police have better things to do than to get involved in disputes between divorced people.

 

[Jw2234]

Thanks quincy.. I'll talk with my local police in conjunction with my lawyer.

adjusterjack - true but if your ex kept filing false charges against you.. what would you do. What would anyone do? Its a clear abuse of the system for her own gain.

 

[quincy]

Thanks quincy.. I'll talk with my local police in conjunction with my lawyer.

adjusterjack - true but if your ex kept filing false charges against you.. what would you do. What would anyone do? Its a clear abuse of the system for her own gain.

Custody disputes can get ugly. Yours is an ugly one - but perhaps you can take some comfort in knowing that two false harassment complaints in three years makes your dispute less ugly than many.

Sometimes all you can do is hope that other events in your ex’s life will start to take precedence over her battle with you and that the passage of time will ease the tensions.

Good luck.

 

[Jw2234]

Thanks I appreciate your advice but I'm not waiting around for hope while she plotting the next crazy stunt.

 

[quincy]

Thanks I appreciate your advice but I'm not waiting around for hope while she plotting the next crazy stunt.

Okay. Well ... discuss your next tactical move with your attorney then. And at all times please keep thoughts of what is best for your child(ren) in the forefront of any decision you make.

Good luck.

 

[not2cleverRed]

I suspect that if she had to pay your legal fees... she might modify her behavior.

That said, if you keep calm and she keeps unsuccessfully making these allegations, it's her credibility that suffers, not yours.

 

[Cayde]

What is the name of your state? PA

Wonder if I can get some guidance - my ex has filed for the 2nd time in 3 years a harassment charge against me. Both times were for calling her phone / I attempted to call in reference to our kids... My lawyer and I have argued these and prevailed with the judge throwing out the charges both times as they contained no evidence, merits, or beliefs that the allegation were true. I believe that my ex is going to continue to file these type of charges against me because we are going through an ongoing custody dispute. Note that I have never and would never harass my ex or anyone. I have spent many thousands of dollars and lots of time defending myself. I believe that more charges will come in the future because that's just what she does and she has an agenda.

In Pennsylvania, there is a section that pertains to false reporting, that states:

"(18 4906). False reports to law enforcement authorities. (a) Falsely incriminating another.--Except as provided in subsection (c / occurring during a declared state of emergency), a person who knowingly gives false information to any law enforcement officer with intent to implicate another commits a misdemeanor of the second degree."

My question is: How do I file this PA 18 4906 charge? Would I go through the local police where I live, where she lives? Do I go through the local police or the county sheriffs? - I have all the supporting the validates my scenario.

This is so common and wrong! I can say that I feel for you because even though I live in another state, I don’t know what police departments do anything about false police reports or even more than that. I went through a divorce and my now ex spent from 2015 until 2018 taking out restraining orders and harassment protection orders, she filed over 60 pages of police reports against me in 2 towns. Initially I’d talk to the police and it did help, but that isn’t what Attorneys advise and now looking back it probably was not a good idea. I only talked to them the first few times in one town where she filed about 45 pages of the reports and then I talked to them for the first maybe 5 pages of reports in the 2nd town. I won’t tell anyone to talk or not talk. The way I looked at it was I didn’t do anything so why not. But I’ve seen some horrible things since then and I’d never talk to them again. There’s a divorce method called the Silver Bullet Divorce and it’s used so commonly and it’s well documented. Like you I spent thousands defending myself and at the same time fighting for equal time with my children which is all I wanted. I asked different officers in different positions are both police departments about filing a charge for my ex filing false reports and the answers been “how do you prove they intentionally lied”? Can you prove they didn’t “think” it was you?
The only thing I found after calling no less than 20 lawyers was one who had a case so bad that an ex girlfriend kept accusing the ex boyfriend of rape. That lawyer wound up going into Superior Court and having an order issued that stated before the ex boyfriend was charged with anything else, a Judge had to sign off on it. They told me it cost the guy a ton to do that and he can’t get anything back.
I know in my case and I’m sure many others, it’s wrong and something should be done but it’s not. I can say that overall if I didn’t prove the things were false and I had been found guilty it would have hurt me a lot in my custody fight. But my exes actions hardly affected anything. I hope you have better luck showing the court what’s going on. If I had a better lawyer it would have been easier to show the court what was happening. Good luck. Perjury is another one that courts don’t seem to care about. My ex was caught lying so badly in one hearing that it was shocking. They don’t prosecute for perjury at least in my state.

 

[Just Blue]

@Cayde This thread is almost 7 months old and the original poster hasn't been back. Please do not post to dead threads. Also, on this site hijacking another members thread is frowned upon. If you don't have anything legally relevant to add that would assist the original poster, please refrain from posting.
Thank you.

 

[quincy]

Cayde has started her own thread.

See: https://forum.freeadvice.com/thread...s-only-1-persons-word-against-another.661405/