Restraining order

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Is there any penalty for filing a false restraining order?

Attorney Answer

1
Brian Dinday ·
You could sue the person for malicious prosecution of the action in which the restraining order was gotten. Other than that, if you were arrested you can petition for a finding of factual innocence to clear your record. I am coincidentally working right now on researching whether a factual innocence court order can also expunge a civil restraining order court file. There does not seem to be any legal history on that issue yet, so this is a developing area of law.
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