Question asked on May 19, 2020
Q: judge kept referring to ex gf as my Mrs. using my last name. He didn’t read details obviously of case but on audio she admits she has sworn and lied can that help me win? Can I press harassment charges for her calling cops unnecessarily 4 days in a row and on 4th day officer told her since I haven’t been evicted she can’t do what she was trying to do and then she gets tpo on twisting up the way and how things were said. She also states in report the dispatch heard me threaten her life however she also stated she had to tell dispatch what I was saying and I never made any threat at all. It’s a very long drawn out chain of events but I would like to get her charged with some type of criminal offense for what has all happened since I am being charged with violating tpo but if I prove she lied on report can charges get dropped since tpo shouldn’t have existed to begin with?
A: It is not possible to give the sort of detailed case analysis and advice you are looking for by email. In terms of an existing charge of violation of a TPO against you, if it’s already happened by a hearing master you can request a review by a district court judge, but there are short timelines for objecting. On the other side, the rules build in attorney fee and other sanctions if it can be proven that a reporting party has made a false claim. You are really going to have to assemble all the documentation of the “long drawn out chain of events” and schedule a full consultation with a qualified family law specialist to go over it top to bottom and figure out your risks, costs, benefits, and options.