Wife filed a false rape report, got threats of violence against the family, is she liable for endangerment?

Question

My wife filed a false police report of rape against an individual which led to our receiving threats of violence. Turns out she was having consentual s*x with the guy AND about 3 or 4 others. I was wondering if she can be held liable for putting me and the kids in danger and if I have grounds to get an energency protection order.

Answer 1

she needs some major professional counseling and help..you can take action through family court and gain full custody of the children. and I hope she is out of the house..your children surely don't need this...get yourself some legal advice..courts may help you with this

Answer 2

"Turns out"?  "False"?  Umm, I'm sure you have reason to think that, but procedurally, what happened?  Did she sign a sworn statement?  If so, she's a perjurer - and taht would require some definite evidence and finding of her knowing that the statement was false.  Simply having consensual s*x with a guy doesn't mean that he can never be charged w/rape.  Right now, giving her the benefit of the doubt, I've no reason to think she didn't honestly report what happened - you know all the facts, but we're removed from them - we're stabbing in the dark.

I don't think she could be held civilly or criminally liable - at least not for your benefit.  You would have to show that by her actuions, your wife was trying to cause harm to you, that she was trying to rouse her s*x-slaves to kill you and bring harm to your children.  The problem is, criminally speaking, she can only be punished for what she knew could happen - there are few crimes that extend liability to negligent conduct, and even those are for criminally-negligent conduct, a whole different species - and you would have to prove each element of the relevant offense to a standard known as "beyond reasonable doubt".  You have a better chance in civil law, but not much of a better chance - you would have to choose a tort (the legal offense) with which to charge her, and I don;t see one here - civil law requires some degree of foreseeability connecting the harm (false charges) and the result (falsely charged raise h**l against your family).

A restraining order isn't terribly likely - any order by a judge, written or oral - amounts to a judge's instruction to do or refrain from doing something.  Even a protective order tells the wife to keep away.  The problem is that these orders come in 2 flavors.  Criminal court orders are connected to ongoing criminal cases, and unless you have one, you're out of luck.  Family court orders are also based on ongoing proceedings, and while you may instittute just such an order, the mother's parental rights are going to be a pretty strong weapon against the signing of that order.

Answer 3

She should be liable for filing the false police report and endangerment, but I'm not sure how well that will fly without some concrete proof. I would get yourself and your children out of that situation. The threats and/or "being in fear of your safety or bodily harm from another" should be grounds enough to get an emergency protective order. You should call your local law enforcement agency- they can have someone assist you and put a police report on file for you. You could also call the magistrate to ask them about what can be done in terms of charges. Be safe and good luck!

Answer 4

you can get a protection report anytime she should get in trouble for making false police reports just get away from her and get her out of your life