What is the first step to getting charges placed against someone who has gotten my husband revoked by making false allegations

Asked over 1 year ago - Milwaukee, WI

I've had to get restraining order against someone, had to do some investigation on them, and have proof that she has been making allegations to my husband probation officer in several attempts to get him locked up, because he doesn't want her. So, finally she said he threatened to kill her, and when went for office visit was detained, and I've been submitting evidence against her that she is lying, no proof from her that he did it, and they revoked him, and she has a history of doing this, I've find out, and she has had 10 restraining orders against her for harassment including me and my husband

Attorney answers (3)

  1. Katie Beth Bricco

    Contributor Level 4


    Lawyers agree

    Answered . Sounds like a complicated situation. I'm reading between the lines but it seems like a greater issue is that these false allegations were used against your husband in his revocation matter. Unfortunately, the time to show this person was making false accusations was probably at a final revocation hearing. Your statement that he was revoked tells me that he either had that hearing and was not successful or he waived his revocation hearing. If you only mean that his agent has informed him that Department of Corrections is seeking to revoke, he needs to get a lawyer ASAP to prepare for the final revocation hearing. Regarding your question about getting charges filed against someone, only the district attorney's office in the county where you live can issue charges.

  2. Karyn T. Missimer

    Contributor Level 18


    Lawyer agrees

    Answered . I agree with the above answer. I would add the district attorney's office will likely tell you to contact the local police first. The police do the investigation, then forward the information to the district attorney's office. The district attorney's office then issues charges, if any are warranted.

    If the district attorney's office refuses to issue charges, you may try to have charges issued through a John Doe proceeding. But you would likely need an attorney to assist you, if you got that far.

    Good luck!

  3. Jason Kent Roberts

    Contributor Level 7

    Answered . I agree with the previous two answers. I only wish to add that her cocnduct may be a violation of the restraining order in place against her, depending upon the circumstances and the wording of the restraining order. Im not certain who you are submitting evidence to based on what you wrote, but the local police are the best place to start, and keep a record of your contacts with them.

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