Legal Question in Criminal Law in Arizona

What are the consequences of filing an Order of Protection on false pretence?

An x-boyfriend filed an Order of Protection against me based on false information. I would like to know what the legal consequences are of such action. This person has caused me a lot of grief, and after a several calls to 911 I was the one advised to file an Order of Procetion against him for me and my children. He filed an Order of Protection the same day I did,but in a different court. The Order that he filed was not only based on horrible accusations, but it also was filed to keep me away from the house where I lived with my children and elderly mother. The house belongs to my mother.I filed an appeal, and hired a lawyer. Both orders where dropped, I was inform by my lawyer that I could file another Order if this person continued to harrass me. Well now the ex-boyfriend is using the Order of Protection that he filed in a lawsuite against me. I have proof that his accusation are false (he claims I punched him in the face,on a day that I was out of town. And he claims I threathed to kill my children and myself with a gun, this supposedly happen 2 months before the Order was file, however no such incident ever took place) I want the Judge to know what this person has done. Please advise me where to start. Thank You.


Asked on 8/23/06, 11:05 pm

1 Answer from Attorneys
Christopher Winchell Winchell Law, PLC

Re: What are the consequences of filing an Order of Protection on false pretence?

If he is attempting to use the Order of Protection he obtained against you, you need to show proof that it was dropped. You can also show proof to the present judge that the claims were false. If he makes such claims under oath and they are false, he could be subject to a perjury charge.

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Answered on 8/24/06, 9:00 am


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