Who's in legal trouble here? On a witnesses list of a restraining order that are false witnesses that are his proven accomplices

Asked about 2 years ago - Fort Lauderdale, FL

One of them is a police officer from the small town where respondent resides that has threatened the petitioner into stop complaining because " he is my friend, I'm on his side " . Another is someone that is on the record in an unrelated matter stating that she has never been to the place where the facts / stalking ocurred and she does not know the petitioner.
My question is who gets in trouble? The attorney that filed a false witnesses list just to try to " fill up " a list for respondent or the fraudulent people that agreed to be in a false witnesses list? Shouldn't an attorney check what those witnesses can testify about before listing them and filing that into Court?

Additional information

Question made by the Petitioner , has has true real fear for her safety,. Not every Injunction petitioner is lying or trying to " get " someone, but fighting for their freedom and safety and the right to enjoy the life without living in horror. The respondant is the one with his gang passing as his witnesses ready to lie.

Attorney answers (3)

  1. George G. Trachtman

    Contributor Level 12


    Lawyers agree


    Answered . I am having a bit of trouble following the events, but it seems like there is a hearing for a TRO and the attorney filed a list of witnesses who may testify. If anyone gives false information under oath, they can be found guilty of perjury (and thus to answer your questions, the witnesses can get into trouble). Also, if the attorney knows that the information is false and/or perjury and he elects to present it to the court anyway, then the attorney can get into trouble. Nonetheless, the purpose of the hearings for restraining orders is to evaluate the evidence.

    The answer above is only based upon the limited information provided. The answer is limited and my review is... more
  2. David Bradley Dohner

    Contributor Level 13


    Lawyers agree

    Answered . I would urge you to take a look at the Comment which I wrote to give you a better idea of the process here in Florida which leads in almost all instances to issuance of a Temporary Injunction in favor of the Petitioner, and which is a loaded gun handed to someone dying to fire off a couple of rounds.

    Take a very close look in particular at the comments I have included regarding the Petition sworn to under oath, which serves as the predicate for the ex-parte issuance of the Temporary Injunction, which has every bit as much potential for abuse as the Permanent Injuntion will, if you do not take appropriate measures to ensure that the Motion for its Issuance is denied.

    We are pleased to offer a free thirty (30) minute initial telephone consultation, or, if possible, will attempt to... more
  3. James Regan


    Contributor Level 20


    Lawyers agree

    Answered . If you are handling this matter by yourself, you should reconsider.

    You need an experienced criminal defense litigator that also handles injunctions to help exonerate you.

    If you cannot find a local attorney on Avvo, a good place to look is the website for the Florida Association of Criminal Defense Lawyers (FACDL.org) Hire the attorney you feel comfortable with and you can afford. There is no confidentiality online. Speak to several attorneys and hire the one that makes you feel confident and comfortable.

    FACDL find a lawyer: http://tinyurl.com/8e4h3my

    http://defendme.net | James Regan, LL.M, Esq., is a Florida lawyer answering questions pro bono. Answering these... more

Related Topics

Criminal charges for domestic violence

Domestic violence is physically, sexually, emotionally, economically, or mentally abusive behavior used to control an intimate romantic partner.

Police interrogation

Police interrogation covers all kinds of questioning by police, including on the street prior to arrest, in the car on the way to jail, and in jail.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

16,064 answers this week

2,246 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

16,064 answers this week

2,246 attorneys answering