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Filing a False Report

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peppylady

Member
What is the name of your state? Florida

My neighbor filed a false repeat violence injuction against me. She nows has a temporary injuction until we go to court on Feb 16. Her alegations are totally false. It was done maliciously because my son got a order of protection against her boyfriend who is stalking and threatening him. She went and filed one against me. Is this a crime for her to file this false report? If so how do I go about reporting her?
Thank you in advance
 


CdwJava

Senior Member
If you can successfully beat the order in court, that is a good place to start. You will first have to show that the order should not be granted against you and have a court concur. If you can do that, you MIGHT be able to convince the DA to file a false report or perjury charge. However, this is very unlikely unless you can PROVE that she knowingly and intentionally made a false report. You would somehow have to prove that she intentionally made allegations against you that she KNEW were false and that she did so solely to exact some kind of revenge. This is no an easy burden to meet, and not very likely.

In any event, you first have to beat the allegation at your court hearing.

- Carl
 

Kane

Member
People file false reports all the time, especially in domestic violence/ protective order situations. Protective orders have gotten easier to get, and they're often free, so certain kinds of people like to use them to settle scores and get revenge.

Prosecutors don't pursue false report claims very often for a couple of reasons. One is that they're hard to prove. Another is that they typically involve prosecuting "victims," something prosecutors are loathe to do. Finally, they're an expensive and time-consuming way of creating multiple cases out of one case. Consider: whoever you file a false report claim against is almost certain to consider your charge a false report itself, and they're going to want you prosecuted for it.
 

Kane

Member
In other words, it's an expensive and time-consuming way of getting to the bottom of who slept with whose boyfriend first, and most prosecutors try to stay clear of it.
 

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