Domestic violence is not an action that can be underestimated. If you become a victim of domestic violence, don’t hide it. You have to report it to the police because the perpetrator may do further damage that can harm your life. But, never make a false report for domestic violence to the police because you will get bad consequences for filing a false report.
Consequences of Making a False Report About Domestic Violence for the Accused
Making a false report about domestic violence to the police can ruin the accused person’s life.
- The accused can lose their job.
- The accused can lose the relationship with their family and friends.
- The accused can be in jail, fined or get other penalties.
- The accused can get a criminal record.
Someone who is falsely accused can file a civil lawsuit against the reporter so that the accused one can get compensation for any damages because of the allegation. The accused person can file a lawsuit for defamation, insurance fraud, intentional emotional suffering and obstruction of justice.
If you are now falsely accused of domestic violence and you want to file a lawsuit against the reporter, but you do not understand how to do that, you are able to consult and get help from a lawyer.
Consequences of Making a False Report About Domestic Violence for the Reporter
Bad consequences can also be gotten by the reporter if the reporter is proven that they make a false report about domestic violence. So, if you have an intention to report your spouse for domestic violence to the police just because you want to get your child custody, are angry with your spouse, want to revenge your spouse, or any other reasons, you have to think twice and it is better for you to cancel it because you can be the one who get the bad consequences.
When someone makes a false report that their spouse did domestic violence, the accuser can be charged with filing a false police report and it is categorized into a misdemeanor offense. The accused one can file a civil lawsuit against the accuser so that the accused one can get compensation for the damages for the allegation.
In the California Penal Code 148.5, it is said that:
(a) Every person who reports to any peace officer listed in Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the Attorney General, or a deputy attorney general, or a district attorney, or a deputy district attorney that a felony or misdemeanor has been committed, knowing the report to be false, is guilty of a misdemeanor.
In this section of the penal code and also the other sections of the penal code 148.5, it is explained that if you lie to the police about trespassing, battery, assault or prostitution, you can be found guilty.
Lying about the injury that you have, making a false story about the whole incident, saying that the accused one had a weapon are some of the examples of making a false report related to domestic violence.
So, will a reporter who makes a false report about domestic violence get a punishment? The answer is yes. If the reporter is proven to make a false report where it breaks the Penal Code 148.5, then the reporter can serve a maximum of 6 months in a county jail. The reporter may also have to pay a fine up to $1,000. The reporter can serve both punishments or one of them. Or, the reporter may not serve to be in jail, but get misdemeanor probation.
Reasons Why Someone Makes a False Report
When someone makes a false domestic violence report, they have certain reasons for doing it. Here are several reasons why someone files a false report about domestic violence.
- It is related to child custody. When a couple decides to divorce, one of them pretends to be a victim of domestic violence so that their spouse cannot have the child custody. If one parent endangers their children, then it can affect the parent’s custody rights because the court will be careful in protecting children.
- Revenge can also be the reason why someone makes a false report about domestic violence. For example, a couple broke up, but one of them cannot accept it or they broke up on bad terms. Then one of them wants to take revenge on their ex to damage their ex’s reputation, to get attention and pity from others, or to prevent others from dating their ex.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
