Thursday, February 4, 2010

Is it illegal for an adult to file false charges against a minor in the state of Tennessee?

My friends mother recently filed unruly charges against her even though she hasn't even lived at her moms house for 2 months. The police came and took her to the Juvenile Detention Center. Can my friend file charges against her mother for filing false charges against her? Shes 16.Is it illegal for an adult to file false charges against a minor in the state of Tennessee?
Sounds as if there is more going on then you are saying. Such as why was she not living at home. If charges were wrongfully filed she will have her day in court.Is it illegal for an adult to file false charges against a minor in the state of Tennessee?
Um,





In MY State, private citizens can, indeed, file charges. The police are obligated to accept those charges, unless there is no probable cause. It's up to the prosecutor whether to proceed with the prosecution, however.





That being said, it is an offense for anyone to file false charges against another person. It doesn't appear that the charges against your friend are necessarily false, just because she hasn't been living at her mother's house.





Nobody is going to pursue charges against the mother until any charges against the daughter have been resolved.
It's illegal for anyone to file a false complaint, regardless of their age.





How are the charges false? Depending on the state she lives in, the mother can file unruly if the daughter refuses to return home, if she refuses to attend school etc. This allows the mother to be protected from truancy etc caused by the daughters refusal to follow direction.





The chances of her actually bringing a complaint against her mother, unless she can prove that her mother lied, is slim to none, and leaning hard to the 'none' side.
You left out the part about WHY she didn't live at home for 2 months..if she left without mom's consent, and refused to come back.. then that means she is a runaway.. which kinda fits ';unruly';. Unruly includes different forms of defying what the parent is telling her to do.


We are not talking some random adult.. we are talking the parent, who has rights to make choices for that minor, who happens to be her child.


If I am guessing right and the friend was REFUSING to return home.. then sounds to me as if the charges are not false in the least. And no, a minor cannot file charges against a parent.


At this time, it is up to the court to define if the friend fits the definition of ';unruly'; or not. If mom said something that wasn't true, then that should come out in court.
She didn't ';file charges'; and neither can your friend. There is no private criminal prosecution in the u.s., The decision to arrest and investigate is made by the cops and the decision to prosecute is made by the DA or prosecutor, not by the witnesses. If either has information concerning a crime, they can report it to police. What happens after that is determined by police and prosecutors. BTW, a child that remains out and will not return home for months is indeed an unruly or incorrigible child.
Your question title was ';Is it illegal for an adult to file false charges....';





Yes. It is illegal to file false charges. It doesn't matter whether the person was an adult, what state she was in, or who was the target of those charges.





Your friend should get a lawyer.
Thatss really messed up.


And I'm not suree, but I thinkk shee can. :)

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