Filing False Protection Orders - Recourse?

[Jollygreen77]

What is the name of your state (only U.S. law)? Washington
My son is in the middle of a divorce proceeding. His soon to be "ex" has filed one protection order against him. It was baseless and after considerable time and legal proceedings was eventually thrown out by the judge. No sooner was this thrown out and his soon to be "ex" files another order, equally baseless but again, will have to be worked out through the courts.

What recourse does my son have against his "ex" for repeatedly filing false reports to obtain these orders? Does he need to file a civil proceeding against her, or can criminal charges be brought against her by a prosecutor for filing false reports?

Any advice would be most welcome. Fighting these things in court is horribly expensive. A Deputy who came out stated that " this is not unusual for one spouse or the other to file repeated orders to harass the other". Certainly there has to be some charges that can be brought against a person filing false reports?

 

[CdwJava]

Whether she has committed a crime or not will depend on how it can be proven that her statements in the affidavits to the court were knowingly and intentionally false. The state is generally very reluctant to pursue these sorts of cases for fear that it might have a chilling effect on the vast majority of petitioners that believe they need the protection. If a concerned party is fearful they could be criminally prosecuted if a court rejects their application for the protective order, even legitimate plaintiffs may choose not to do this.

So, what proof does he have that she presented knowingly and intentionally false affidavits or testimony? Have any of the judges that rejected these orders found her in contempt or declared her to be a liar in some way?

The defendant can always speak to the police or the DA about the possibility of them pursuing this issue. Otherwise, if it happens again he might want to bring the prior orders to the court's attention and suggest that his ex might be using the court process to harass him without cause.

 

[Hot Topic]

Your son should be the one asking. The problems are between he and his soon to be ex-wife, not between his, his soon to be ex-wife and his mommy. Tell him to put on his big boy pants and stop having you meddle in something that really none of your business.

 

[romance1600]

Probably very little he can do. If it's really proven that she's abusing the system, the most he can realistically do is have his attorney file a motion for sanctions, and have some attorneys fees repaid to him. But there are cases out there where women have filed these Ex Parte's and CPS investigations over and over. They apparently can be quite effective in alienating the child from the other parent, and also gaining a leg up in early custody affairs. West Virginia found it cost them millions in tax dollars per year chasing these false reports, so not long ago theypassed an actual law making it illegal to willfully file false reports. Many other states have no laws against it because legislators fear backlash from womens rights groups.

Read the documents on this site under the "discussions" tab and check out the audio transcript under the "video" tab. The Motion for Sanctions document may be of some assistance in your sons case.

http://tinyurl.com/y9486om