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Where Can You Get Help For a False Restraining Order

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  • 12-20-2010, 09:40 AM
    GFB
    Where Can You Get Help For a False Restraining Order
    Is there an advocacy agency to help those accused as there is for those who obtain restraining orders based on false accusations?
    Does a judge ever question an accuser if that accuser continues to obtain and drop restraining orders?
    Is there a penalty for obtaining multiple false restraining orders?

    Thank you,
  • 12-21-2010, 10:34 PM
    Mr. Knowitall
    Re: Where Can You Get Help For a False Restraining Order
    You have the opportunity to oppose the petition for a restraining order and to have a hearing on the petition, at which time you can present your evidence. If you choose not to contest the petition, nobody has any reason to believe that the accusations aren't true. If you litigate and lose, the judge has made the call that the petitioner has proved her prima facie case. The details of court procedure vary by state.

    If you're stating that you fought a petition and won, and you have evidence of falsity, you can try discussing the situation with a prosecutor. I can't promise you that the prosecutor's office will have time for this type of matter.
  • 01-14-2011, 04:37 PM
    GPottsLaw
    Re: Where Can You Get Help For a False Restraining Order
    I can not tell which state you are in. I agree with the first answer and would like to add that in Florida and many other states you would also have a civil cause of action for malicious prosecution for bringing a false action against you. In addition you may have additional causes of action for libel and defamation of character. As with any civil suit, you should consult with an experienced attorney in your area in order to determine if there are sufficient facts to warrant bringing a suit and if the potential for recovery of any damage award is worth the expense and effort of bringing a suit.
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