LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Husband's Ex Making False Statements to Police - What to Do?

Discussion in 'Criminal Law Forum' started by Fedup100, 24 September 2015.

  1. Fedup100

    Fedup100 Member

    Joined:
    24 September 2015
    Messages:
    2
    Likes Received:
    0
    Hi, can someone be charged for making a false tip off to police that resulted in a search warrant that ended up being a waste of time?

    My husband's ex is always making up false statements to police. What can we do to stop this?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    As much as I hate to say it, I'm quite sure this kind of behaviour is one of those things that the police have to determine on a case-by-case basis, meaning there is nothing you can really do to stop it from happening. The police are bound by law to act on situations where a person has reported child abuse or endangerment, even if those reports are in themselves suspicious. It's a 'better to be safe than sorry' approach.

    Can someone else confirm this is the case?
     
  3. Fedup100

    Fedup100 Member

    Joined:
    24 September 2015
    Messages:
    2
    Likes Received:
    0
    She has gone beyond accusing child abuse as the courts keep rejecting her claims. By the way she is the one who had them taken away from her for almost a year due to her boyfriend assaulting my stepson. She resorted to making a false report that my husband was making drugs and had weapons from our home which resulted in our home being searched and nothing was found of course but surely something can be done to stop her from doing this? Our lawyer is pushing for a mental health assessment but we are still waiting to go back to court for that. In my opinion she should be charged for making a false report and wasting police resources and time
     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    That is my opinion, too, but it simply doesn't reflect the practical reality of this kind of behaviour. The police would need to prove that she knew the statements were false in order to get a conviction.
     

Share This Page

Loading...