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Do I have a case that is a serious issue ? I think Denton County Courts made a grave error and a new law should be passed.

Fort Worth, TX |

The city code on false alarm in Denton:
Needs to be supportive to the amber alert. ANY report of domestic violence especially with a child involved that report cannot be turned into a false alarm charge against whoever called police.
Because what if a person who is guilty of domestic violence is manipulating police and why should they be allowed to press charges of false alarm ? It's like that California case that girl that was missing for over 15 years the justice system failed her. A domestic violence call for police when there is a child involved should NEVER be turned into an arrest warrant for ANYBODY that reports something.It leaves the door open for a potential abuser to keep on abusing... all they have to do is press charges against anybody that reports or calls police on them.

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Attorney answers 1

Posted

I don't understand what you are asking.

Are you asking if you have a case to sue Denton County? For what would you want to sue them?

Are you asking if you have a defense to the charge of "false report" if you reasonably believed that what you reported to law enforcement was the truth?

Texas Penal Code on False Report http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.37.htm

The law regarding false reports requires that you act with the "intent to deceive":

Sec. 37.08. FALSE REPORT TO PEACE OFFICER, FEDERAL SPECIAL INVESTIGATOR, OR LAW ENFORCEMENT EMPLOYEE. (a) A person commits an offense if, with intent to deceive, he knowingly makes a false statement that is material to a criminal investigation and makes the statement to:

(1) a peace officer or federal special investigator conducting the investigation; or

(2) any employee of a law enforcement agency that is authorized by the agency to conduct the investigation and that the actor knows is conducting the investigation.

(b) In this section, "law enforcement agency" has the meaning assigned by Article 59.01, Code of Criminal Procedure.

(c) An offense under this section is a Class B misdemeanor.

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