Addressing False Accusations

Summary

The user is dealing with false accusations made by his ex-wife, which led to his forceful eviction from his homestead. He is seeking advice on how to handle these accusations, report police misconduct, and address potential violations of his homestead rights. He has evidence to support his claims and has already filed a citizens complaint. He is also considering filing complaints with the Department of Justice and Internal Affairs. He was advised on the possibility of filing a defamation lawsuit and a personal injury lawsuit due to the injuries he sustained from the forceful eviction. He was also informed about the importance of following up on his case and the availability of free legal aid in California.

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I called in D/V the next day my ex-wife call the police and made a false trust passing on me which I have a homestead since *. I was hand cuffed drove across town dump in the gutter (Riggs ambulance report). Then went to get a R/O, on R/O makes more false statements such as my residence as a rental. Drains bank account, at this time I had MRSA. She continues to make false police reports that put me in jail. Divorces me so I go in to default then gets married. The man she married is the same person she opened a bank account with and moved our joint a bank account money too before we were even divorced.
If theirs a email I can send medical,legal, financial, and anything that might be confusing such as I owned my house separately from wife and the reason I left from one house to another is my son was just born at children's hospital * lb * oz
What state are you currently residing in? This will help me provide you with the most accurate information.
California
What specific legal advice are you seeking? Are you looking to contest the divorce, or are you seeking advice on false accusations?
Both but I don't know where to start do to time limitations * I did 1year and half 7 months do lonely to COVID-*
What evidence do you have to support your claims of false accusations? In California, false accusations can be considered perjury, which is a felony.
A lot please sergeant is investigating it I put in a citizens complaint which he says is warranted I also have her own statements which contradict the other restraint order that she put on me the bank statements....and more Police not please
What is the current status of your divorce and the restraining order?

In California:
- False accusations can be considered perjury, a felony.
- You can contest a divorce within 6 months of the final judgment.
I am way pasted the *-month mark but I had infections for 2 years straight which put me on disability and I couldn't enter a State building with MRSA.
What is the current status of your health and are you now able to participate in legal proceedings?

In California:
- Health issues may be considered for exceptions in legal timelines.
- Contact your local court for specific details.
Yes I am and I would have done it on the computer but due to the fact she drained the bank account I ran out of electricity for almost a year which may have not helped my infections and the library was closed and every social distancing what's applied.
What is your current financial situation? Are you able to afford legal representation or are you seeking free legal aid?

In California:
- Free legal aid is available for those who qualify.
- Contact Legal Aid Foundation of Los Angeles: (*) *-*.
I do own my own house that I had the homestead on and still own my only problem is at the time of my incarceration my mother got stage * cancer and is now in the home or else I would have sold it long ago.
Are you looking for advice on how to handle the property situation with your mother's illness or how to proceed with the legal issues related to your ex-wife?

In California:
- Property ownership can be complex in divorce cases.
- Legal aid services are available for those in need.
My property is secure due to the fact that I put the homestead on it 5 years before the marriage I didn't work 5 years previous to the marriage or during the marriage and still don't the reason I don't have money is cuz I'm not willing to kick my mother out on the streets.
What is your main concern right now - the false accusations or the property issue?

In California:
- Homestead exemption can protect your property in certain situations.
- False accusations can be addressed legally.
This is the perfect question for me to you since my rights got violated with the homestead who do I go to.
What specific violation occurred regarding your homestead rights? In California, you can contact the County Recorder's Office for issues related to homestead rights.
I was removed from my main residence forcefully by the false accusation.
What evidence do you have to support your claim of being forcefully removed from your residence due to false accusations?

In California:
- Forceful eviction without proper procedure is illegal.
- You can file a complaint with the local police department.
That would be the police report that she says I trespass on my homestead that's what the investigation is for also I have pictures of the officers handcuffs cutting me up so bad I had to go to the ER and have multiple lesions on my wrist the rigs ambulance report which says we found the patient in the gutter cuz that's where the cop left me.
What actions have you taken so far regarding these allegations against the police?

In California:
- Police misconduct can be reported to the local police department's internal affairs division.
- You can also file a complaint with the California Department of Justice.
Only the citizens complaint form the police sergeant was the one who notified me of the trespassing charge
What is the current status of your citizen's complaint?

In California:
- Citizen complaints are typically investigated by the police department's internal affairs division.
- You can follow up with them for updates.
I have called for an update and will do so again today but have not got one. How do I contact internal affairs.
In California, you can contact the Internal Affairs Division of your local police department. Their contact information should be available on the department's official website.
Do I apply for a complaint form on the website of department of Justice?
Yes, you can file a complaint online through the California Department of Justice's website. Make sure to provide all necessary details and evidence.
When I called in the domestic violence and reported it it was never picked up and whenever I went to the DA's to check on what happened to it they said the time limitations had expired but the expiration date is for me to file it. Is this correct.?
What is the specific time frame the DA's office mentioned for the expiration of your domestic violence report?

In California:
- The statute of limitations for misdemeanor domestic violence is 1 year.
- For felony domestic violence, it's 3 years.
In their letter they do not mention a time frame but in California there's an assembly bill that extended it to 5 years but I still missed it. Does the da have an obligation to pick up a domestic violence report?
In California, the DA has discretion on whether to pursue a case. However, they must consider the evidence, the seriousness of the offense, and the statute of limitations.
The fact that I could not enter a State building to file a restraining order and my ex-wife made a restrain order the next day after my domestic violence call. Do I report this to internal affairs or department of Justice.... There shouldn't have been a foot race because there would have been no way for me to have done so.
What evidence do you have to support your claim that you were unable to file a restraining order due to your health condition?

In California:
- Health conditions can be considered for exceptions in legal timelines.
- You can report misconduct to both Internal Affairs and the Department of Justice.
I also have a lot regarding this doctor's notes accounting of disclosure biopsies sonograms x-rays dermatologist and infectious disease doctor and several primary Care doctors and more.
What is the current status of your health? Are you now able to participate in legal proceedings?
Good,other than I am vitamin d deficient and taking prescribed vitamins,so okay.
What steps have you taken so far to address the false accusations made by your ex-wife?

In California, you can file a defamation lawsuit if someone makes false statements that harm your reputation.
I tried the police department the sheriff's department the DA's the public defenders which came to what it is now a complaint form but now I will go ahead and file through the other agencies.
What specific agencies are you planning to file your complaint with? In California, you can also consider filing a defamation lawsuit if false statements have harmed your reputation.
The department of Justice,internal affairs and the violation of homestead rights.
What specific violations of your homestead rights are you planning to report to the Department of Justice and Internal Affairs?

In California:
- Homestead rights violations can be reported to the County Recorder's Office.
- Complaints against police can be filed with the Department of Justice and Internal Affairs.
The fact that I was forcefully removed with injury then left in the gutter as reported in Riggs ambulance report.
What evidence do you have to support your claim of being forcefully removed and injured? In California, you can file a personal injury lawsuit if you've been injured due to someone else's negligence or intentional act.
I went to Riggs ambulance and had him send me a report of that date which says I they found patient lying in the gutter plus I have before and after pictures the ER report and I went to the doctor the day before and the day after.
What steps have you taken so far to address the injuries you sustained from this incident? In California, you can file a personal injury lawsuit if you've been injured due to someone else's negligence or intentional act.
Only an incident report on file and the rest is me verbally asking for help which I'm getting from you thank you very much.
What is the current status of the incident report you filed?

In California, if you've been injured due to someone else's negligence or intentional act, you can file a personal injury lawsuit. Evidence such as medical reports and photographs can be crucial.
At this point I am awaiting the investigation to conclude a report.
What is the timeline of the investigation and have you been given any updates on its progress? In California, it's important to follow up regularly to ensure your case is being handled properly.
None,Reported to me so far.
What is the name of the police department conducting the investigation?
Merced Police department Sergeant Ringer.
Merced Police Department contact details:

Address: * W 22nd St, Merced, CA *, United States
Phone: +* *-*-*

You can contact them for updates on your case.