Legal Question in Criminal Law in Massachusetts

Restraining Order question

Restraining order issued against me. I read the affidavit of why the order was issued, she admitted in the affidavit that she was on very strong medication to keep her from becoming hysterical/crazy/anxious. Bottom line, I didn't think it was necessary to challenge the order, I lived/worked in a different city, had no contact with her anyhow, didn't bother challenging it. Anyhow, a month later she picked up the phone, called the police, made an accusation I was on her property (going thru her mailbox). Without any investigation, warrant put out for my arrest. I was arrested. Went to court, proved I was no where near her, charge dismissed. Managed to get the RO dropped in fact. My question: isn't it the job of the police to INVESTIGATE whether or not a violation has been commited. This is what really burns me; when she telephoned the accusation, the police simply put a warrant out for my arrest. I want to be clear on this, I don't care that she called in an accusation, but I feel I should have some recourse because the police put a warrant out for my arrest based on her word alone. The nazis would arrest someone based on an accusation, but how could it happen here in the U.S. Do I have grounds for false arrest?


Asked on 4/23/07, 2:23 pm

1 Answer from Attorneys

Re: Restraining Order question

No grounds for false arrest. A report was made to the police that you committed a crime (violation of a R.O. and federal offense of handling another person's mail). The police received testimony from a supposed EYEWITNESS (the person who called).

Your recorse lies in SUING the person who made a false report. You now have a criminal record based on this... even though it was proven to be false, you have a permanent entry on your CORI that you a) were a violent person against whom a R.O. should issue and b) that you have been charegd with violating a R.O.

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Answered on 4/23/07, 2:50 pm


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