It is possible. But that would be determined by the judge. I am sure you will get your final order against him, do not know about his petition. Usually, both parties can be forbidden to communicate, but if a child is involved, he will have his visitation rights.Can someone face charges for making false claims on a request for an order of protection?
Yep. It's called ';perjury.'; Any document that is handed to a judge is the same as sworn testimony. In other words, anything untruthful on it is the same as lying under oath. Unfortunately, it can be hard to prove.
I've gone through this with my ex-girlfriend when she told some outrageous lies. I just dropped the matter and suffered through the term of the restraining order. It wasn't worth fighting; I couldn't afford a lawyer.
In this case once you prove to the judge that the charges he has made against you are untrue it is totally up to the judge if will decide to place him under arrest for fraudulent charges. On the other hand if his claim proves true it will be a matter of who has the most proof before the Judge will consider either one of your claims. If he is found guilty yes he can face jail time.
He could get charged with perjury, but more likely the order will just be dismissed. You can request a hearing to answer the charges and present evidence to challenge it. At that point, if they are false, the judge will just rescind the order.
Your ex can certainly file chargea.if they can be shown to be false. However, there is a difference between false and frivolous.
yes
yes, and the courts are used to dealing with this
Domestic disputes are a pain in the butt. The judge is not going to waste his time deciding who lied and who did not. He will ask you if you want an order of protection and you will say yes. He will ask your ex if he wants one too and he will say yes. So the judge will order a mutual order of protection and tell you two to stay away from each other.
You both will be forbidden to phone, text, e-mail, chat room communicate, mail, communicate through friends or in any other way talk to each other.
You both will be told to stay a certain distance away from where the other one lives and works and goes to school. You will also be told to stay away from bars and other places that you know the other person hangs out at.
You both will be told that if you do need to communicate for whatever reason, do it through your lawyers.
If I were you, at that point I would change my phone numbers, e-mail address, get off of face book and twitter and remove any other method that he can communicate to you electronically as that is hard to prove. I would not move as he can simply say you moved without telling him and he did not know you moved to your new home and he was in the area for some other reason. I would get a post office box and give that address to your lawyer. Then stop accepting mail at your home.
An alternative, once you have the order you forward all your mail to your attorney. Then you leave town. Go to a different town. Once you get settled, have your attorney forward your mail. The only person who will know where you went is your attorney. If you stay off the web and keep a low profile, he will not be able to find you. And if he ever shows up late at night at your home, you know he will not give up and he is stalking you. You then deal with it in the appropriate fashion.
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