False restraining order

[Dumbhubby]

What is the name of your state? NJ/PA

Has anyone heard/witnessed someone who actually got prosecuted for giving false information in order to get a TRO/RO?
Just wondering since it does say in fine print that any false information us punishable. Or this is one of those "laws" that arent even considered....

 

[Bloopy]

Just wondering since it does say in fine print that any false information us punishable. Or this is one of those "laws" that arent even considered....

heee heee haww heee. Not much in the real world unless you have a lot of dough to put up a fight.

Are there children involved? It happens a lot in custody disputes. The big "sanction" is a reduction or loss of custody.

There are sometimes monetary sanctions such as paying for the legal fees of the falsely accused.

Not much happens because the courts allow for the possibility that the person really did feel threatened. Furthermore, they don’t want to intimidate anyone that really does need an RO.

Lastly, there isn't much of a desire to continue wasting the court's time.

 

[Dumbhubby]

Yes a child is involved, which I have primary custody until further process.
I guess my best bet would be to use it towards her loosing % of custody. I guess I can sue for legal fees but as you all know the court can order her to pay but she simply wont and nothing much more would be done.

 

[Bloopy]

I guess my best bet would be to use it towards her loosing % of custody.

One of the most important factors in determining custody is “Which parent is going to best foster a relationship with the other parent.”

So I don’t really mean the mom will be punished by loss of custody specifically because she made false allegations. However, those false allegations can be considered a part of alienating the child form the other parent. That, with withheld visitations, consistent disparaging of the other parent and so on are all part of a larger picture of trying to alienate, or severe the child from the other parent.

Take care that you don’t try to use this to “get back at” mom. Do what you really, really think is in the child’s best interests.

 

[Dumbhubby]

One of the most important factors in determining custody is “Which parent is going to best foster a relationship with the other parent.”

So I don’t really mean the mom will be punished by loss of custody specifically because she made false allegations. However, those false allegations can be considered a part of alienating the child form the other parent. That, with withheld visitations, consistent disparaging of the other parent and so on are all part of a larger picture of trying to alienate, or severe the child from the other parent.

Take care that you don’t try to use this to “get back at” mom. Do what you really, really think is in the child’s best interests.

Child's best interests are top priority which is why i have custody in the 1st place. She concealed him from me out of state, took him out of his day programs without informing anyone- not even those who run those programs. Mom must face the concenquences of the wrongs she has done, which includes 2 felonies. So any of this "dont do it to the mother of the child" is nothing but plain jibberish as she thought of nothing but herself, certainly not me or the child. Im not saying u mean what Im saying, but i know there are extremists here that find it so unethical to report legit wrongs.

 

[IndyDad1on1]

You stated your in a custody battle right? Well I a can tell you to hold onto your seat a prepare for a bumpy ride. This is just a tactic. Sucks I know, had to deal with it myself.

Based on when you were served with the papers you have the right to dispute it in a certain matter of time.

More than likely is a Hearsay TRO. Just dispute the allegations and have them dismisses. As you are currently going through this battle it looks better for you to be the calm, respectful and mature party. Going after the other party with criminal charges might not be good with kids involved.

 

[Dumbhubby]

You stated your in a custody battle right? Well I a can tell you to hold onto your seat a prepare for a bumpy ride. This is just a tactic. Sucks I know, had to deal with it myself.

Based on when you were served with the papers you have the right to dispute it in a certain matter of time.

More than likely is a Hearsay TRO. Just dispute the allegations and have them dismisses. As you are currently going through this battle it looks better for you to be the calm, respectful and mature party. Going after the other party with criminal charges might not be good with kids involved.

Oh I will dispute the allegations at the 2nd hearing. And it's a 2nd hearing because she didnt show up for the 1st hearing. Disputing will include playing a voicemail where she stated she called the courthouse to drop the charges and that she wanted to come back home.
As far as "going after" with criminal charges....there is nothing I can do about that. SHe forged my name on a loan, I found out a week after she left by a letter from the loan company, and I will not be responsible for a loan that I had no knowledge about/sign.
I have most of the fraud procedures done and clearly shows its not my signature. We have only one joint account, car which I am paying since she refuses to pay, and not even the mortgage is in her name and have seperate bank accounts.
Im only interested in not being responsible for something I shouldnt. Whether she is charged or not is not up to me. But if u ask me im sure she wont be prosecuted.
So your saying I should be responsible for a loan I had no idea existed because we have a child?

 

[LdiJ]

Oh I will dispute the allegations at the 2nd hearing. And it's a 2nd hearing because she didnt show up for the 1st hearing. Disputing will include playing a voicemail where she stated she called the courthouse to drop the charges and that she wanted to come back home.
As far as "going after" with criminal charges....there is nothing I can do about that. SHe forged my name on a loan, I found out a week after she left by a letter from the loan company, and I will not be responsible for a loan that I had no knowledge about/sign.
I have most of the fraud procedures done and clearly shows its not my signature. We have only one joint account, car which I am paying since she refuses to pay, and not even the mortgage is in her name and have seperate bank accounts.
Im only interested in not being responsible for something I shouldnt. Whether she is charged or not is not up to me. But if u ask me im sure she wont be prosecuted.
So your saying I should be responsible for a loan I had no idea existed because we have a child?

Whether or not she will be prosecuted for the loan depends on many factors. The loan company won't prosecute unless they aren't getting paid....because putting her in jail will just guarantee that they either won't get paid or it will take much longer to get paid. They are pragmatists. They would rather have her free and working, so they can garnish her wages.

If the loan was taken out while the two of you were still together it might not be wise for you to pursue a prosecution.

I have a cousin who, 10 years later, is still fighting the aftermath of something similar. Basically, the loan company got too much information, which led them to refuse to believe that he didn't have knowledge of the loan, and did not benefit from the money. If he had kept it more low key, they would have just let him off the hook.

I also think that it might not be in your child(ren)'s best interest for you to be directly responsible for putting their mother in jail. If the loan company prosecutes her, that's not you doing it directly.

 

[Bloopy]

Oh I will dispute the allegations at the 2nd hearing. And it's a 2nd hearing because she didnt show up for the 1st hearing. Disputing will include playing a voicemail where she stated she called the courthouse to drop the charges and that she wanted to come back home.
As far as "going after" with criminal charges....there is nothing I can do about that. SHe forged my name on a loan, I found out a week after she left by a letter from the loan company, and I will not be responsible for a loan that I had no knowledge about/sign.
I have most of the fraud procedures done and clearly shows its not my signature. We have only one joint account, car which I am paying since she refuses to pay, and not even the mortgage is in her name and have seperate bank accounts.
Im only interested in not being responsible for something I shouldnt. Whether she is charged or not is not up to me. But if u ask me im sure she wont be prosecuted.
So your saying I should be responsible for a loan I had no idea existed because we have a child?

Her making false abuse allegation and her forging you name for the loan are two very different issues. Your original post on this thread only addressed the false abuse allegations.

I agree with LdiJ. Allowing the loan company to go after her with criminal charges may be the wisest manner to let her be accountable for her actions.

I don't feel that mom's are on a pedestal that makes them above prosecution. There is some wisdom in allowing the other parent enogh rope to hang themselves. Sometimes it is "smart" not to be the bad guy. She is definately hanging herself and you and the children win by leading a happy life.

 

[CdwJava]

What is the name of your state? NJ/PA

Has anyone heard/witnessed someone who actually got prosecuted for giving false information in order to get a TRO/RO?
Just wondering since it does say in fine print that any false information us punishable. Or this is one of those "laws" that arent even considered....

The burden of proof to successfully prosecute this can be quite high. The state generally has to prove that the affidavit was made with malicious intent and that the subject provided the information knowing that it was false.

It's a tough case to make in most instances. Simply being wrong is not sufficient.

- Carl