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  1. #1
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    Dec 2010
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    Default Giving False Information About Restraining Order to Police

    My question involves restraining orders in the State of: Florida
    Police were called when I stopped by a former friends home to drop something off.
    The police were told that there was an injunction in place which was a lie. A police report was filed, filled false information. Is this a crime?

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: False Information to Police

    Quote Quoting lanierlake
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    My question involves restraining orders in the State of: Florida
    Police were called when I stopped by a former friends home to drop something off.
    The police were told that there was an injunction in place which was a lie. A police report was filed, filled false information. Is this a crime?
    If someone made a report to the police KNOWING that the information was false, then the person making the report might be liable for a criminal charge, yes.

    Being mistaken (wrong) is NOT a crime. It is not uncommon for people to mistake court filings with an order, or even to believe that if a person tells them a court order has been issued to act on it. Unless you have proof that the person calling the cops did so with the intent to cause you grief and knowing that no such order was in place, I cannot see that a crime has occurred.

    Were you arrested? Or did the police simply chat with you?
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3

    Default Re: False Information to Police

    Not sure why someone would bother to knowingly lie about an injunction - it's yawningly routine to check every name run by an officer for the presence of an injunction - and they are incredibly easy to verify. It's not like officers would just take someone's WORD for it that an injunction was actually in place.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  4. #4
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    Default Re: False Information to Police

    I have found a great many people who THINK they (or a friend, neighbor or family member) has an order and they don't. Sometimes it is because a temporary order had been issued, other times it is because they believed the court had issued an order, other times it might be because the person applied for an order. I'd say about a third or more of the alleged court order violations we receive really are not.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Dec 2010
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    3

    Default Re: False Information to Police

    No I was not arrested, nor have I been contacted by anyone other than the person who alledges the injunction. There used to be an injunction against this persons family member from a member in my family which has since been dismissed. I have proof of the dismissal, I am not named in the injunction at all and this person knows than there is not an injunction in place. What should I do?

    If you knew this person you would not yawn at the fact that they will lie to make things "look better" for them....as far as verification, I have the proof that the injunction that a family member of mine had against a family member of his has been dismissed. I am not a party to any injunction.

    Police were called and told that an injunction was in place, LIE. Report was filed. I will be picking the report up from police department this week. I KNOW it's full of lies because I know this person well. Can I do anything?

  6. #6
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    Default Re: False Information to Police

    Quote Quoting lanierlake
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    No I was not arrested, nor have I been contacted by anyone other than the person who alledges the injunction. There used to be an injunction against this persons family member from a member in my family which has since been dismissed. I have proof of the dismissal, I am not named in the injunction at all and this person knows than there is not an injunction in place. What should I do?

    If you knew this person you would not yawn at the fact that they will lie to make things "look better" for them....as far as verification, I have the proof that the injunction that a family member of mine had against a family member of his has been dismissed. I am not a party to any injunction.

    Police were called and told that an injunction was in place, LIE. Report was filed. I will be picking the report up from police department this week. I KNOW it's full of lies because I know this person well. Can I do anything?
    If there is no injunction, the the police will have discovered that when they ran your name or the other party's. If a report was generated, it should reflect that there was no crime. Or, more than likely, there is no true report, only a record of the call and the disposition.

    As for what you should do, there may not be a whole lot you CAN do. You can always tell the cops that you believe she made a false report to them, but chances are they won't have the time or inclination to do too much about it unless she continues to do so. Even then they would have to prove that she knew there was no such order and still made the report anyway. Proving that the caller KNEW you were not named on some restraining order can be difficult. Absent a confession - or an admission to some third party who will testify to the intentional false report with malice towards you - the police will not likely be able to charge this party.

    If you have been harmed in some way, you may engage an attorney and try to sue this person for the damage he or she caused you, but if there are no damages you are back to square one.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  7. #7
    Join Date
    Dec 2010
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    3

    Default Re: False Information to Police

    Thanks. I called the police department on Friday and was given a case number to give to the records department when I go in to pick a copy of the police report up. I have proof that the previous injunction against their family member has been dismissed and they know that as well. This individual was trying to cause me grief so I will continue to find out if there's something I can do. I have never, ever met anyone as hateful as this person. Take care.

  8. #8
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    Default Re: False Information to Police

    Quote Quoting lanierlake
    View Post
    Thanks. I called the police department on Friday and was given a case number to give to the records department when I go in to pick a copy of the police report up. I have proof that the previous injunction against their family member has been dismissed and they know that as well. This individual was trying to cause me grief so I will continue to find out if there's something I can do. I have never, ever met anyone as hateful as this person. Take care.
    If no order exists, then no crime occurred on your part and the police would have discovered this real quick.

    Unless you have a taped confession I do not see how you can have irrefutable proof that this person KNEW no order existed, but, maybe you have such a confession or admission. If so, the police might be interested in pursuing criminal charges for making a false report to them.

    As I said, if you have been damaged, consult an attorney and see about suing him or her. Don't expect too much from the law enforcement side of things unless this becomes a recurring pattern.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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