What are the penalties of filing a false police report and getting a false restraining order and if another person in the same

Asked over 1 year ago - Columbus, OH

household knows that the report is false can that person be in trouble also

Attorney answers (2)

  1. Benjamin J Partee

    Contributor Level 8

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    Lawyer agrees

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    Answered . I believe the biggest concern for the person making the false report is the possibility of an obstructing charge, a second degree misdemeanor, which carries up to 90 days in jail. However, if a sworn statement was given, as is likely to obtain a restraining order, it's possible to be charged with perjury, a third degree felony. This charge would carry a potential sentence range of 9-36 months.

    Theoretically, the person who knows perjury has been committed could be charged with failure to report a crime, a misdemeanor of the fourth degree, although we rarely see this charge.

    You should consult with an attorney to discuss how to best proceed in this situation.

    Benjamin J. Partee
    Attorney at Law
    6 W. Main St.
    Chillicothe, OH 45601
    (740) 772-1222

    www.chillicothedefense.com

    The responses of Attorney Benjamin Partee to any questions posed on Avvo do NOT establish an Attorney-Client... more
  2. Christopher Lee Beck

    Pro

    Contributor Level 19

    Answered . Filing a false police report could be charged in a couple of ways. The most common charge is see out of a similar situation is Falsification which is a misdemeanor of the first degree and carries up to 180 days in jail. It could also be charged with as a felony though. Lying to obtain a protection order depends on at what stage the lie occurred. If the person lied to the police then the same as above could happen. If they lied in front of the judge or magistrate they could be charged with perjury or contempt which could be a felony. The person that lied needs to retain an attorney to fix the mess they have created. Good luck.

    Attorney Chris Beck
    Beck Law Office, L.L.C.
    Beavercreek, Ohio
    (937)510-6110 phone
    attycbeck@gmail.com
    www.becklawofficellc.com

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more

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