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what can be done against repeated false calls to the police

Started by spinner, Apr 29, 2005, 08:11:05 PM

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spinner

ok so divorce is really bitter with my ex and we have a son together.
we are divorced however her mother and her boy friend always have their nose in our stuff to try to "get back at me"

Here is the bottom line: they are REPEATIVELY calling the police for nothing.

Her mom come to pick our son, we are 2 minutes late she calls 911. When we arrive outside, she is faking a "no don't hurt me, ...." I had a tape recorder that eventualy the cops that came heard and dismissed.

Today I pickup our son and she isn't there, just the BF. I give him a coupon to give to the ex and he refuses, doesn't want any papers so since it's her place (not his) I put it in the mailbox and here he goes, "it's a fellony to monkey with mailbox" and he goes again, calls 911 and get the cops on scene (I left, didn't even stay for that one).

over te last 2 years between the 3 of them (my ex get at it sometime) they called frivolously the cops a woopen 37 time (I counted). Most of the time the cops don't do even a report or refuse to do a report as this is "family matter"

But this is getting really old, what can be done ?

justwantstobeadad

wow sounds like you have your hands full. I would petion the court
(not very expensive to do this)to ask for a person who to deliver your son back and forth between eachother or maybe even ask your local chiildren protective services
office if you can do the exchange in the lobby or a private room.
There has also got to be a record of calls from that location somwhere
even if no report has been made each time.
I think your right to use the video tape too. Good Luck

Peanutsdad

Petition the court for a modification of orders as the current orders are unworkable.

Ask for the exchanges in the orders to occur at the police station. ( One of my personal favorites for a histrionic ex).


You can do this yourself if you have a nodding knowledge of family law, or hire an attorney to do so.

As part of your exhibit, after you file, subpeona the police call out sheets for all the dates/times shes called the police along with any police reports actually filed.

spinner

well really this is not something that need to be changed at the pickup and drop off.
it would help but it doesn't stop there,...

The bottom line is my ex's familly call 911 for anything. I have a flat tire, it's gota be him, ...

The other thing is that my ex has been trying to get the court to review (change the divorce decree) as some of the dates and time are "unworkable for her" for example I get our son 1/2 the summer and that is unworkable for her :) so I don't want to give her the amo to request that change as well.

I was just hopping that there would be some kind of official process that can prevent someone to make frivolous call to 911.

joni


I found some info on false police reports for you.  

But first I want to give you some advice, you need to cut back on the players here.  This is your child and this is your Ex's child....period.  This is only your business.  Stop dealing with the BF, don't talk to him, don't give him any info to give to your Ex, don't do any exchanges with him.  It's not his child.  The same goes for the Ex's parents.  You're only exposing yourself to potential problems and unwanted anxiety by dealing with these mental midgets.

That being said.....

I did a general google and here's what I found:

What is the penalty for filing a false police report???"
Filing a false police report is a misdemeanor and a violation of CA PC 148.5, and can be punishable by imprisonment in the county jail for up to one year and a fine up to $1,000.00.

Is there a penalty for Filing a false police report?
YES. Illinois Criminal Statutes, Chapter 720 ILCS 5/26-1 (4), provides that filing a false report with the police is a criminal offense. Also the same civil remedies available to citizens are available to police officers.

Is there a penalty for filing a false police report?
YES. Pennsylvania Criminal Statutes, Chapter 18-906, provides that filing a false report with a law enforcement agency is a criminal offense. Also, the same civil remedies available to citizens are available to police officers.

You need to do a search for your state, use the terms "your state, penalty, filing, false, police, report"

Here's the deal though, don't ask the police to do this for you.  Get your diary of events, include dates, persons involved, circumstances and get copies of all the police reports that they filed against you and go to the STATES ATTORNEY's office and ask them to press charges against the various parties.  Don't go in complaining about them hasseling you, go in there with hard evidence and the facts.

Based on the above facts that you present, also ask for a restraining order against the BF and her parents.  Tell the states atty that in addition to false police reports, these people have also threatened to harm and kill you.  This would be your chance to gain a tactical advantage here for future court motions.

gipsy

Here's what really stopped the BS In My situation , , Bring a video camera , . My theory was to make no bones about it and have it in hand , They seem to behave
     On the other hand the legal aid at My atty's office told me to do it covertly let them make the allegations and then Use the tape , I'm not sure how that would really work because , I was told that the judges use discretion because they suspect that you could bait them into something . Then tape it ! , And My tapes never went to court , But I did show the guardian ad Litem the tape when she had made up an allegation , it didn't make much difference ,
      Another thing I did was set the recorder up in the car for when I drive up and stay in front of the camera , I really think the best effect of the video tape is it keeps every one honest ,
    I think what kept her honest was her knowledge of me hiding the camera in the car ,
      She would frequently be looking 'peering into  the car when I came up and this seemed to keep her honest ,
   The allegations  About the transfer times stopped and she thought of some other crap to pull . but it didn't work ,
    Picking up at the police station is pretty good ; My pick up is at Mcdonalds , The reason is Mcdonalds has a time and adress on their reciept , And My atty told me to but a coke at the transfer to show I was there , However she hasn't tried any crap since the transfer is at mcdonalds , , Its hard to make the change to a neutral transfer point , But As My atty said " Every one likes it when they do it "
    As far as vacation I have a similar problem . I sent it to her atty of record and asked for a .. recieved stamp to be put on it . And My atty said If there is no objection take him on vacation " , I'm thinking of changing the parenting plan to have my dates in permanantly , That way I don't have to go through it , Keep asking !!! and posting . You will get a variety of Ideas .

MixedBag

Yea, my EX video taped when I picked up and dropped off my son -- but it would show how he and his DP violated requests -- and not me, so I doubt they'll use it in court.