Ask a Lawyer – August 2022

Q:

My neighbor keeps calling the police and making false accusations. Now she says she is going to file a Restraining Order (“RO”) against me. My fear is that if the RO is upheld, I might have to go to jail. Please help.

Answer:

This question comes up in so many different flavors that it’s worth taking a dive into false accusations. Before we begin the analysis, I’ll cut to the chase: you need to speak with an attorney.

This question breaks down into two parts: I) False Accusations, and II) the fundamentals of a Restraining Order.

1. False Accusations break down into two larger categories: Criminal and Civil.

Let’s analyze each. The type of false accusations will dictate your response.

1. Criminal Context

Generally, false accusations in the criminal context include an allegation of a criminal offense. This alleged offense may have even been reported to the police. Frequently, criminal allegations will be closely tied to Restraining Orders.

This is a fairly simple analysis. If another person has made a false accusation against you in a criminal case, you need to talk with or hire an attorney.

The right to remain silent is a right that applies equally to a person who is guilty, not guilty, or somewhere in between. Your answers could have far-reaching impacts; well beyond the current investigation.

1. Civil Context

This could be through a pending civil case, a former significant other, or a person smearing your good name online.

At a very basic level I believe that a person needs to decide whether they are going to fight back or let the allegations blow over. There are pros and cons to either decision and generally speaking, a person should have a larger plan in place to win the war.

Regardless of your choice in response, I’ll provide my basic guidelines for dealing with false accusations.

If the allegations are indeed false, the truth is on your side. Don’t stoop to their level and make false accusations back against the other person.

False accusations are deeply troubling. They can cause you to feel alone. They can cause myriad negative emotions.

Do not be alone with your accuser in the future. Make sure you follow recording laws but have a recorder or bring a witness.

Do not give the accuser additional ammunition.

If you’ve hired an attorney, only speak through the attorney. Don’t try to go around the attorney and speak to the person who has made false accusations against you. It will only lead to more issues.

If you don’t have an attorney, all communications need to be in writing. You should also carefully decide before sending any communications.

1. Fundamentals of a restraining order

There are 4 requirements to qualify for a restraining order: Age, Relationship, Abuse, Ongoing danger.

1. Age: Generally speaking, everyone needs to be 18 or older, but they are available to minors in certain situations.

1. Relationship: You and the accuser must have a qualifying relationship. Your accuser must be:

• your current or former spouse or Registered Domestic Partner or
• someone you live with in a sexually intimate relationship (or used to)

or

• someone you have a sexually intimate relationship with (or did within the past 2 years) or
• related to you by blood, marriage, or adoption

or

• the parent of your child

1. Incident of abuse in the last 180 days. In this case you caused

• Physical Injury to the accuser

or

• tried to physically injure the accuser

or
     • you made the accuser afraid that you were about to physically injure them

or

• you made the accuser have sexual relations against their wishes by using force or threats of force

1. Ongoing danger. You must be an imminent threat to the physical safety of the accuser.

As you can see, the use of a restraining order is generally reserved for people who were previously in a relationship with the other person or who have a familial relationship. In general, a civil restraining order will only result in jail time if you violate a provision of the restraining order and are convicted of contempt.

This being said, any time a person has threatened or filed a restraining order against you, it’s recommended that you consult with an attorney before making a decision on how to proceed.