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How do I protect myself regarding threats from my wife to call the sheriff on me when I've done nothing to threaten or harm her?

Carmel Valley, CA |

My wife has called the sheriff one other time. They arrested and released me because I didn't touch her. She is having serious medical and psychological problems and has threatened to do this again.

Attorney Answers 4


  1. Tough question to answer. How do you prevent some one from making a false accusation? I think all you can do is sue them after you win the case .

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.


  2. Move away and do not contact her. Ever. She's a danger to your freedom and to your future. That's the best way to deal with it.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.


  3. I'm sorry for your situation. Being in a marriage where you fear you'll be falsely accused of a crime must be very painful.

    The truth is that you can't prevent her from making these allegations. You can leave your wife, as another attorney suggested, but that doesn't prevent her from making false allegations. You can try to get her help for her medical/psychological problems, if you think they're at the root of this behavior, but that doesn't mean she'll stop this behavior. Ultimately, she can make those false claims, and then you can seek remedies after the fact.

    Given your circumstances, these answers probably don't make you feel any better about your situation. Good luck.

    Any and all responses to this and any other questions are intended for basic informational purposes only and are not legal advice.


  4. If she iscalling you, use a answering machine or voice mail- Or report it to the police for permission to record. If necessary divorce her and subpeona her medical reports for a restraining order. Even Smokey the bear says stamp out smoking embers to avoid a forest fire.

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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