If I get a restraining order dismissed, can I file charges for her filing a false police report? What are my rights?
2 attorney answers
Lying on the affidavit filed in support of the restraining order is not the same as filing a false police report. I don't know if there was a police report filed in your case, so I'll limit my response to the restraining order. You have the right to apply for a private party criminal complaint against the person who got the restraining order against you if you think she lied on the affidavit or at the hearing in order to get the RO, as the affidavit is signed under the pains and penalties of perjury and statements made to the judge at the hearing are made under oath. If you can convince a clerk magistrate that there is probable cause to believe that the other person lied on the affidavit, a complaint for perjury will issue against the other party. You may also have civil tort claims against the other party. Good luck.