MAKING FALSE REPORTS OF DOMESTIC VIOLENCE: ONCE YOU CALL 911, THERE'S NO TURNING BACK

After receiving several phone calls from alleged victims in domestic violence cases who say that they made up stories when they called 911 and don't want the defendant prosecuted, I thought I should write a post about that sort of situation. The reasons why people fabricate allegations of domestic violence vary. Many people get upset with their spouse or significant other and call 911 “just to teach them a lesson,” thinking that the charges can easily be dropped later. Much to their surprise, they find that there is a no-contact order in place, forbidding any contact with the defendant, the prosecutor refuses to dismiss the charges, the police want to interview them, and they are being subpoenaed to testify under oath in court at a trial.

The “victims” realize that they simply cannot call the whole thing off. Politics are involved in domestic violence cases and the prosecutors do not want to appear to be soft on domestic violence. Once a 911 call is made or an affidavit is signed, the decision to have someone prosecuted is largely out of the victim's hands. The courts and prosecutors take domestic violence allegations very seriously and know that the alleged victims may just be changing their statements out of fear of retaliation from the accused or to protect the accused and remain in an abusive relationship.

I have been asked before by alleged victims if they can nullify their sworn statements. I tell them that if by "nullify an affidavit," they mean tell the police and prosecutors that they lied about what happened, then they are looking at a possible charge of false reporting.

If you have made false allegations of domestic violence and the police or prosecutor want to interview you, you should tell them that you want to have your lawyer present. Your lawyer will advise you not to answer certain questions, as you would be incriminating yourself. If you refuse to talk to the authorities, you may be looking at an obstruction of justice charge by hindering or delaying an official investigation. If you are subpoenaed to testify, you must appear, but again you would have to assert your Fifth Amendment right to not incriminate yourself.

The decision to charge a person with domestic violence belongs completely to the prosecutor. Even if you tell them that you made a false police report, they may decide that you were truthful at the time the report was made and that now you are being untruthful. DO NOT think that you can call 911 just to get even with someone and then have everything dropped. I have seen plenty of people make a mess of their lives by making this mistake.