Monday, February 8, 2010

Can I go after someone for a false police report?

This girl filed a restraining order on me saying I harrassed her. She got it so I cant come in contact with anybody in her family even thought I've never met them so it's kinda hard to avoid them. I'm bringing her to court to fight it because I have my phone records showing she called me 2000+ times and have several voicemails of her saying call me back. Can I go after her for a false report filed with the state or do the cops just do it automatically?





ThanksCan I go after someone for a false police report?
The cops are just like us, they want to put in their time and go home. They aren't going to do anything automatically.





You could try suing her for defamation of character in civil courts. Good luck finding a lawyer to represent you though, unless she has lots of money. You could however pay a lawyer to draw up some papers and send them to her by registered mail. This might scare her if she thinks that you are going to take her to court.





My ex filed for a restraining order against me, that was false of course. She put in the filing that the she owned the house that was actually my moms and I was kicked out by the police and her and her family emptied the house of everything but the furniture. When this clear and obvious false statement was brought to the judges attention and the state attorneys office, they did nothing but lecture her. Not one penny of over $6,000 of my families belongings was ever recovered.





The courts rule a flawed system. Unfortunately females often get the benefit of the doubt until proven wrong.





If you have recorded phone conversations be careful. In some states it is illegal to do this without permission. She can always say the recording are not even her. Without you hiring a voice analyst you will not even be able to dispute her claims. The phone records are a big bonus though.Can I go after someone for a false police report?
You need to make copies of your records and go to the police department and talk with someone in the Detective Bureau about it and see what they tell you. Not sure if it falls under a false police report since it's a restraining order and probably handled by the court but the detective should be able to guide you on that. Just make sure you keep all your original copies in your file at home but do take them and the copy to the detective so he/she can see them, just tell them you want to keep the originals and they can have the copies.





BTW, many times it's hard to tell original from copies so take a yellow marker and in the upper left corner of each original page, put a small checkmark. That usually doesn't transfer to the copy but does mark which copies are yours.
Yes you can go after her for false arrest. Who issued the restraining order? Unless they had hard evidence to prove it was you, you may be able to go after who ever issued the restraining order. And if you don't know her and she is accusing you of doing something you didn't do, you may be able to get her for defimation of character. Plus is she is contacting you and she has this restraining order, and lets say she call you tonight, call the cops and show them she called you and she will get in trouble for breaking the restraining order. Plus possibly have it thrown out since she broke it. Especially if the order states there is to be no phone contact or internet. And remember that if she calls you, by law you do have the right to record the conversation, as long as she calls you. If you call her though you have to tell her. If she calls you, then you don't have to tell her it is being recorded. Good luck! Sounds like you have a really duuuuuuuuuuuuzy on your hands. Try typing in your search ';false arrest'; and ';restraining orders'; see what laws and sites come up. Plus check with your state to make sure that you have a leg to stand on. But if i remember correctly it is this way in all states.

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