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TRO and Lawsuit based on lies and altered document

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What is the name of your state?What is the name of your state? WA

What will a superior court judge do if it is proven that a Plaintiff submitted false information (outright lies) and an altered document in order to obtain a temporary restraining order, and filed a lawsuit based on this same information? In this case, Plaintiffs claimed defendants blocked all their access to their property. This was not true, the plaintiffs have a road abutting the entire length of their property. Plaintiffs claimed that there are existing roadways, blocked by the defendants, which they used for 30 years to access their land. These roads do not exist, they are platted. After having the TRO served by a sheriff, who told us that if we did anything to hinder the Plaintiffs we would be arrested, the plaintiffs proceeded to clear our land. We therefore were forced to allow them to come onto our land and build a road across it. This road connected the county right of way to our private driveway, making it a public access. We had a lawyer appear the next day, and the TRO was set aside, and the judge ordered all activities on the disputed property to stop, and that a hearing could be expediated if necessary. The plaintiffs have waited 10 months to set a court hearing. They have committed crimes against us personally, our property, and the court. Will the judge send this off to the prosecuting atty?
 


S

seniorjudge

Guest
"... Will the judge send this off to the prosecuting atty?..."

No.

If you feel a crime has been committed, you must report it to your local law enforcement agency.
 

Happy Trails

Senior Member
toastnjelly4all said:
What is the name of your state?What is the name of your state? WA

What will a superior court judge do if it is proven that a Plaintiff submitted false information (outright lies) and an altered document in order to obtain a temporary restraining order, and filed a lawsuit based on this same information? In this case, Plaintiffs claimed defendants blocked all their access to their property. This was not true, the plaintiffs have a road abutting the entire length of their property. Plaintiffs claimed that there are existing roadways, blocked by the defendants, which they used for 30 years to access their land. These roads do not exist, they are platted. After having the TRO served by a sheriff, who told us that if we did anything to hinder the Plaintiffs we would be arrested, the plaintiffs proceeded to clear our land. We therefore were forced to allow them to come onto our land and build a road across it. This road connected the county right of way to our private driveway, making it a public access. We had a lawyer appear the next day, and the TRO was set aside, and the judge ordered all activities on the disputed property to stop, and that a hearing could be expediated if necessary. The plaintiffs have waited 10 months to set a court hearing. They have committed crimes against us personally, our property, and the court. Will the judge send this off to the prosecuting atty?
Also considering the information you talked about in your other post, you should seriously consider getting a real-estate attorney involved. The attorney can review your land documents and help you resolve any disputes.

If you haven't had a survey done, this too would be a good idea. They can stake the property and eliminate property line disputes (or at least you will have proof of where property lines are) and show if any easements exist, etc... The police look at this as a civil matter (unless something happens that makes it criminal).

The police are only going to get involved if you and your neighbors start feuding like the Hatfield's and McCoy's.
 
S

seniorjudge

Guest
toastnjelly4all said:
...Will the judge send this off to the prosecuting atty?...
But, alas, think about this before you go to the cops: Imagine what they will say when you tell them that someone lied in court....
 
tro and lawsuit

The information they submitted to the judge was what he based his decision on to allow the TRO in the first place. They submitted an affidavit claiming that we had blocked all their access to their parcel of land. By the way, they used a tractor and hired help to remove the existing fence between the properties, and placed a new one the surveyed boundary between our 2 parcels the day before they filed for the TRO. The boundary cut through our yard and driveway. It seems to me that if they were able to access their land to fence their half of the vacated street, which was right through our driveway, they could access it for any other purpose the same way. We do have a lawyer, but I am doing my own research as well on these matters. Ironically, my parents have chosen a criminal lawyer to represent them in this matter. Should I go talk to the prosecuting attorney about this matter before we go to trial or after? I believe they commited several crimes in their acts. I am of the opinion that a Judge has a duty to maintain order and justice in his courtroom. In a situation such as this, isn't he obligated to forward this matter to the prosecutors office? They submitted materially false information, he based his decision on that information, as a result entered the TRO. This TRO took away our rights to protect our property; and we were told we would be arrested if we stopped their activities. The plaintiffs cleared a section of land, put in a road, filled in the ditch, and damaged our private driveway by dragging trees down it. When we got the TRO set aside, they said to us "well its already done, what can you do about it?" We have since been under an order that says both parties are restrained from any activities on the disputed property. We have not been able to maintain our driveway, or property for 10 months now. The plaintiffs do not even live in the state, and this was the first time they had been in the area for several years. It didn't affect them one way or another. Did I mention these are my parents? SHEESH...
 
update-case closed

The judge awarded us damages for their trespassing, quiet title, and dismissed their case against us with prejudice. However, he did not see fit to award us atty fees. I do not think it was fair, since they got the restraining order, they cleared our land, they filed the lawsuit against us, and the judge ruled their entry a trespass. The price for this action...$6K; Bill and Judy Lane losing their case against us...PRICELESS!
 
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