Is filing a false criminal complaint a violation of a harassment protection order?

A false criminal complaint was filed against us from a person we have a permanent restraining order issued. The complaint was filed after the order was made permanent. Is this a violation of the order?

Westfield, MA -

Attorney Answers (3)

Michael Howard Erlich

Michael Howard Erlich

Domestic Violence Lawyer - Worcester, MA
Answered

No, but it sure does give you a nice motive to make the clerk well aware of.

Attorney Michael H. Erlich Eden, Rafferty, Tetreau & Erlich 238 Shrewsbury Street Worcester, MA 01604... more
Ilir Kavaja

Ilir Kavaja

Domestic Violence Lawyer - Boston, MA
Answered

Unless the RO specifically prohibited the person from filing a complaint against you (which I highly doubt it did-it would be illegal if such an order was issued, IMO) then the person can file a complaint.

If you feel like the person violated any of the terms of the RO then you can contact police and let them know.

Hope this helps and good luck.

Ilir Kavaja, Esq.
(617) 515-5545
ilir@kavajalaw.com

www.KavajaLaw.com

The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created... more
Dominic L. Pang

Dominic L. Pang

Criminal Defense Attorney - Cohasset, MA
Answered

Filing a false police report is a crime separate and aside from the crime of violating a restraining order, but the mere act of seeking a criminal complaint against you, which you believe to be false, is not a violation of the RO. A person who has a restraining order against them does not lose access to the court system because he or she has an RO on them. In addition, the restraining order prohibits specific actions, such as contact or coming within a specified distance of you. It does not preclude the other party from doing things which are legal to do that happen to upset you, such as accusing you of a crime.

The fact that the person sought the complaint after the RO was made permanent can be argued in opposition to the issuance of the complaint at a clerk's hearing, or as a motive for the other party to lie at a trial if the complaint has already been issued.

Do not let the fact that you believe the complaint to be false dissuade you from seeking the advice and counsel of a criminal defense attorney. Merely being accused of a crime is a serious matter that you should not try to handle on your own.

Best of luck,

Dominic Pang (617-538-1127)

Disclaimer: This answer is provided for informational purposes only and it is not intended as legal advice.... more

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