Is it police abuse if the officer reports that a person looks like he should be arrested when there are no drugs or alcohol and the accused person knows the spouse's accusation is false?

Answer 1

No, the officer is reporting the event as he or she interprets the situation. Police officers report information given them by the person making the complaint, by the person charged with the complaint and by what they personally observe at the time of the investigation. Whether such information is true and accurate is decided in court if the person is charged and brought to trial. The issue of the claimant giving false information does not constitute abuse by authorities even if the accused person is taken into custody. That constitutes an abuse of the system, and the fault lies solely with the person who makes a complaint based on falsehoods and intentional deceit. * No, it's not abuse. You were not physically nor emotionally damaged and you never were actally arrested. If you and your wife are having trouble, my advice as a law enforcement professional is to keep the police out of your proceedings if at all possible. Neither of you will make friends by filing petty reports and trying to get the police to hassle the other party. There are far more adult ways to handle things. * In almost all jurisdictions any complaint or indication of domestic abuse/violence MUST result in actions by the responding officers that will essentially make an escalation of the violence, at least for the immeadiate future, impossible. They are not the judges of what is ultimately determined to be the legal position, they are the protectors of the people and society involved. Even if it is ultimately shown that on every possible level, you had done nothing wrong AND the other person did AND the officer should have known it: I can't see how that can possibly considered abusive. The most it is was incorrect....and believe it or not, many people even in easier situations with the best of intentions and training, have been. Maybe you too? That generally isn't against the law.