Results 1 to 4 of 4
  1. #1
    Join Date
    Feb 2010
    Posts
    3

    Default Perjury and Restraining Orders

    My question involves restraining orders in the State of: Colorado.

    My husband and I had a Temporary Restraining Order served on us last year by a crazy family member. The information/accusations made in the TRO were completely false. The family member sought out the TRO because of family drama, not because there were threats, etc. The family member did not show up for the permanency hearing, therefore the TRO was dropped. I have a few questions: 1) Can the family member be criminally prosecuted for perjury? 2) Is there another criminal charge that can be pursued if you can prove the person lied or used the courts/restraining order to harass? 3) has anyone successfully had a person charged criminally for such a thing?

    Thanks.

    OHHHH!! And I forgot to add that AFTER we were served with a TRO detailing how we threatened the family member and the family member feared for their life....the family member had a letter delivered to our home, asking us to contact them regarding how the family drama matter could be resolved.

  2. #2
    Join Date
    Jul 2009
    Posts
    249

    Default Re: Perjury and Restraining Orders

    1) Can the family member be criminally prosecuted for perjury?

    2) Is there another criminal charge that can be pursued if you can prove the person lied or used the courts/restraining order to harass?
    You don't need to know the name of the charges in order to pursue them. If your family member lied in the petition for a restraining order, yes he or she can be criminally prosecuted. Whether the technical charge is perjury, or fraud, or whatever, lying to a court under oath is a crime.

    What you need to do is report your evidence to the police. They will contact the prosecutor, who in turn will make a decision whether or not to prosecute. You don't get to decide if he or she is prosecuted, but it's possible you can influence the prosecutor's decision.

    I'm curious, though, as to what proof you have that the family member lied in the petition. Remember, to prove a lie you have to prove a knowing deception. It isn't enough that your evidence is more persuasive than the petitioner's, or your version of events more plausible. You need to prove their version is false, and you need to prove s/he knew it when s/he filed the restraining order.

    3) has anyone successfully had a person charged criminally for such a thing?
    It's surely happened before, but I don't know of any specific instances.

    OHHHH!! And I forgot to add that AFTER we were served with a TRO detailing how we threatened the family member and the family member feared for their life....the family member had a letter delivered to our home, asking us to contact them regarding how the family drama matter could be resolved.
    Unfortunately, that kind of game playing isn't illegal. People who win restraining orders do it with distressing frequency. In my opinion it is annoying, and shows a likely motive to harass. What it doesn't do, by itself, is prove that the facts underlying the restraining order are false.
    "Republicans are stupid and evil."
    --Bill O'Reilly, host of the O'Reilly Factor

  3. #3
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Perjury and Restraining Orders

    Baz744-

    I am currently in contact with the DA, who is reviewing the information I've given him.

    The family member has admitted (to other people) that he/she lied, but blames being persuaded by their ex-spouse to commit the act. In addition, the TRO was against my spouse and I can verify his alibi and where he was at the time of this accusation (which by the way, the family member was so vague about the time this supposedly happened, the FM put "sometime in the afternoon").

    An interesting side note: We hired a lawyer who contacted the person with basically a "cease and desist" letter, as the family member was accusing us of hacking in to their computer, etc. Now the family member has expressed interest in contacting us to "apologise" but states they're afraid to, because of the lawyer email.

    I'm just hoping and praying that the DA will get the person on something!

  4. #4
    Join Date
    May 2008
    Posts
    24

    Default Re: Perjury and Restraining Orders

    Here is a petition to congress from myself and others, to put an end to these cases.....follow this link and make a change!

    http://www.petition2congress.com/2/1627/go/838107/

    1. Sponsored Links
       

Similar Threads

  1. Restraining Orders In New York
    By ouikikazz in forum Restraining Orders
    Replies: 1
    Last Post: 01-26-2009, 09:01 PM
  2. Restraining Orders in Illinois
    By Ione52 in forum Restraining Orders
    Replies: 1
    Last Post: 10-15-2007, 10:22 AM
  3. Restraining Orders Against an Eight-Year-Old
    By GRIFF66 in forum Restraining Orders
    Replies: 1
    Last Post: 09-29-2007, 02:02 PM
  4. Restraining Orders
    By whatever in forum Restraining Orders
    Replies: 1
    Last Post: 03-20-2006, 12:24 PM
  5. Restraining orders
    By all564 in forum Restraining Orders
    Replies: 3
    Last Post: 02-07-2006, 07:31 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document