Could I be punished for filing a domestic violence report against my husband out of fear of my son being arrested instead?

UPDATED: Jan 8, 2012

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Could I be punished for filing a domestic violence report against my husband out of fear of my son being arrested instead?

A father and a son of adult age were involved in a physical altercation with one another and the mother tried to break up the fight and got hurt as a result. Out of fear of one of the son being arrested, she claimed that the injury was from the father committing domestic violence against her. Would the mother be punished if she recanted her statements on the police report so that the father’s charges could be dropped? At the time the police kept insisting that the son and father weren’t going to be arrested.

Asked on January 8, 2012 under Criminal Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the mother for all intents and purposes gave a false statement to law enforcement about an incident involving her husband and son, there is always the possibility that the wife could have charges filed against her for giving a false statement to law enforcement.

Whether this comes to pass in the event the wife changes her story lies with the discretion of the district attorney's office in the event law enforcement submits a revised report with recommendations that charges be filed now against the wife.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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