fraudulent charges

[vanceshimley]

Looking for advice in court case

Story:


My daughter had a restraining order against her by her ex husband. Now he has filed false accusations that she contacted him during this time. Now he has taken out a warrant for her arrest, charges are harassing communications, menacing, violating epo. I am studying Perceptions of Commerce by Winston Shrout.

Recommendations and procedures process as to how to begin
would be helpful and appreciated.

Should she turn herself in and have someone bail her out?

[charlesa6]

vanceshimley, welcome to the suijuris forum.

[Judge Roy Bean]

Originally Posted by vanceshimley

Looking for advice in court case

Story:


My daughter had a restraining order against her by her ex husband. Now he has filed false accusations that she contacted him during this time. Now he has taken out a warrant for her arrest....

Her ex cannot take out a warrant for her arrest. Only a court can issue one based on some kind of complaint, as in a charge for violation of the order. You indicate that the accusation is false, but someone swore to it and/or has evidence of it. If that was false and the evidence some kind of forgery or manipulation, the perpetrator is guilty of perjury.

Originally Posted by vanceshimley

....charges are harassing communications, menacing, violating epo. I am studying Perceptions of Commerce by Winston Shrout.

You're wasting your time with Shrout's bogus "perceptions." Commerce has nothing to do with protective orders and violations of them.

Originally Posted by vanceshimley

Recommendations and procedures process as to how to begin
would be helpful and appreciated.

Should she turn herself in and have someone bail her out?

This isn't legal advice, and you shouldn't expect to get sound advice off an internet forum. There's obviously more to this story than we understand thus far. Something tells me she had an attorney at one time or another during the "relationship," and divorce. If she isn't happy with that one, she needs another one who has some experience with criminal law.

[planetmark]

Originally Posted by Judge Roy Bean

There's obviously more to this story than we understand thus far. Something tells me she had an attorney at one time or another during the "relationship," and divorce. If she isn't happy with that one, she needs another one who has some experience with criminal law.

If the woman is this far under the guns of the system, JRB is definately right. Something else is going on.

[scooterdog]

I would have to agree with the above replies. Who exactly filed the charge?? Did he call a bully in blue, and the cop made the complaint? Did this ex husband go before a judge and swear to the complaint?

I've been in some nasty exchanges with my sons mother, and I never lied about any of it. The fact is, even when a man tells the trueth, the mother bandwagon of "just-us" starts moving. Knowing this, makes this situation even more suspicious.

Being profather myself, not one to give advise, but I will y13: Some where in her paper work there should be witness's listed. If not the original complaint(if a pig did it) then she should be getting more papers very soon, and they should have something there. YOu need to find out what the hell is going on here. If she violated the order, she's just going to have to take her med..

On the other hand, if this guy is filing false complaints, he himself would be voilating some state stat. I would think.

I hate to tell you this, as I don't know this judge. BUT, from my experince in two states, before two District Court Judges, they have something on your daughter. Plain and simple, a lower court Judge isn't going to issue a warrent without some kind of evidence in a situation like this. I just cannot see a lower court Judge sticking thier own neck out for a MAN, taking a chance of pissing off the higher court judge. I could be wrong though.