What happens if someone files a false restraining order?
What happens if someone files a false restraining order?
If you violate a temporary restraining order, the petitioner can bring that up in the hearing or even file a motion alleging a violation of the order, making it even harder for you to defend against the request for a permanent order.
Can you go to jail for lying on a restraining order?
Yes, even if your spouse lied his/her way into getting a protective order against you, there is nothing much you can do about it except wait for the court to decide whether to cancel the order or keep it. “As a result, he is criminally charged for violating the protective order.”
What happens the first time you violate a restraining order?
A first-time restraining order violation is a misdemeanor. The crime is punishable by no more than one year in County jail, a fine of $1,000, and/or probation. Felonies are punishable by between 16 months and three years in prison and/or $10,000 in fines.
What happens if you violate an ex parte?
Each violation can be both prosecuted as a crime and found to be a contempt. If the person who brought the protection order doesn't want to continue it, it can be terminated. However, criminal prosecution of the violation is up to the state.
