Falsely Accused of Crimes

[fivehundredtwo]

I have a former acquaintance who has falsely accused me of several serious crimes, and obtained an ex-parte PPO using an incident that never happened. The police refuse to charge her with deliberately making false statements during an investigation. When she gets a text or e-mail she doesn't recognize, I'm contacted by cops who end up asking me for personal information(like my IP address, and I tell them nothing), and implying that I'm the sender. One family law lawyer has told me that, since the cops have become involved, I need a criminal lawyer. Is what she's doing defamation, and can anyone suggest a plan to have this ongoing harassment / false accusation stopped?

[Dogmatique]

For what reason did she obtain the PPO?

And where are you located?

[fivehundredtwo]

I'm in Michigan. She's mad because I learned some things about her past -- all documented facts -- and told a few selected people. If I go into any more details re that, I may give away my identity.

[Mr. Knowitall]

You cannot sue somebody for reporting what they believe to be your behavior that is in violation of a protective order, in violation of criminal law,or both,to the police.

Whether or not you choose to cooperate with the police, such that they perhaps more expeditiously determine that this was not you, is up to you - you are not obligated to do so. Under the circumstances, having a lawyer advise you would seem to be a very good idea.

[fivehundredtwo]

Are you telling me that anyone can make up a story and use it to obtain a PPO -- that is, knowingly make false statements to the police during the course of an investigation (a felony in most states) -- without being charged with that crime?

[Mr. Knowitall]

Would you believe me if I told you that magic lie-detecting pixies hang out at courthouses, check all incoming legal documents, and make any false statements vanish from the filed documents?

Be as indignant as you want, how do you imagine that a court is going to know in advance that a sworn statement is false?

[fivehundredtwo]

I have date-stamped documents that prove I was somewhere else at the time and place of the invented incident that itself has more holes in it than a piece of Swiss cheese. I showed them to the investigating officers who spent dozens of hours and thousands of dollars worth of public resources on the case and never heard another word from them. That's strange ... once or twice a month I read a newspaper story about someone ELSE getting charged with filing a false police report. Guess I know what I've been doing wrong, besides assuming that laws are there to protect everyone. And your sarcasm is not appreciated. An ex-parte PPO still appears on a background check whether or not it is successfully challenged in court.

[drthyrd]

An ex-parte PPO still appears on a background check whether or not it is successfully challenged in court.

It does not appear on a criminal background check, which may provide you some comfort. If someone is interested in whether you have been party to any civil court actions, yes, it will show, but what type of background check do you anticipate undergoing where you believe civil records will be pulled?

If all the person obtained was an ex-parte order, you will have your chance in court to argue that the incident they are reporting has more holes in it than a piece of Swiss cheese. Keep in mind that there is difference between having a different interpretation of events and making a false statement. If the person believes that you did what they state you did, they aren't making a false statement in the sense that you could take any legal action against them even if the order is eventually dismissed or the evidence you present is contrary to their statements.

[cdwjava]

I have a former acquaintance who has falsely accused me of several serious crimes, and obtained an ex-parte PPO using an incident that never happened. The police refuse to charge her with deliberately making false statements during an investigation. When she gets a text or e-mail she doesn't recognize, I'm contacted by cops who end up asking me for personal information(like my IP address, and I tell them nothing), and implying that I'm the sender. One family law lawyer has told me that, since the cops have become involved, I need a criminal lawyer. Is what she's doing defamation, and can anyone suggest a plan to have this ongoing harassment / false accusation stopped?

Contact an attorney that deals with libel and slander cases. If you have the cash up front (likely at least $10,000) and believe you have the ability to prevail at trial AND your accuser has the resources to pay your award and attorney's fees, then give it a go. But, do not expect the police to pursue an issue that may well be unprovable.

Without details it is impossible to say whether your "proof" of being somewhere else at the time of the alleged incidents is any more provable than her claims. And if she was mistaken, that would not generally be criminal.

If this person obtained a PPO, why didn't you go to court and challenge it, showing the court your proof that showed she was making it all up? That might have put the kabosh on everything.