Domestic Violence

questions & answers

Question: I see a lot of doctrine that establishes the means of acquiring a Protection Order, but I see nothing in regards to the ramifications of filing a false one. So my question is; does filing a false Protection Order, also include immunity from prosecution? Is there any justice for anyone who has been the victim of a system remedy, which has been abused to the point where it has become weapon, rendering it ineffective? Its ironic that a system created to help victims, in turn makes victims. Was that the intended purpose, to deprive fathers of their children and create a plethora problems?

Answer: Any person who believes that another person has made inappropriate use of a judicial proceeding in order to injure him/her or who believes that he/she has been the victim of false statements made under oath – as in the case of an order of protection – always has the option of commencing a civil lawsuit against that other person. A person who engages in a wrongful act that causes another to suffer loss or other harm – including reputational harm – is legally liable for that loss or harm and may be required by a court to provide the victim of the wrongful act with monetary damages. These wrongful acts – which give rise to civil (as opposed to criminal) liability – are called “torts.” Abuse of process and defamation (slander) are recognized torts here in Arizona.

QUESTIONS

  • I see a lot of doctrine that establishes the means of acquiring a Protection Order, but I see nothing in regards to the ramifications of filing a false one. So my question is; does filing a false Protection Order, also include immunity from prosecution? Is there any justice for anyone who has been the victim of a system remedy, which has been abused to the point where it has become weapon, rendering it ineffective? Its ironic that a system created to help victims, in turn makes victims. Was that the intended purpose, to deprive fathers of their children and create a plethora problems?

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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