Denver, CO asked in Criminal Law and Domestic Violence for Colorado

Q: Is there a statute covering false reporting of DV/protection order.

My X wife filed for a protection order useing false and wildly erounious statments

1 Lawyer Answer
Courtney Edwards
Courtney Edwards
  • Criminal Law Lawyer
  • Edwards, CO
  • Licensed in Colorado

A: There are a couple of answers to your question here. First, yes, it is against the law to falsely report a crime. However, the report must be made to law enforcement to fall under the "false reporting" statute.

Second, are more toward your question, when someone files a protection order, they have to sign the complaint "under the penalty of perjury." This means that if there are statements that are materially false, your wife could be subject to a prosecution for perjury. There are different levels of perjury under Colorado law. The problem here is going to be getting the police or prosecutor on board to prosecute your ex wife for perjury. Often times civil protection orders are messy and intertwined with either civil issues or domestic relations issues- areas where the police and prosecution are uncomfortable with.

If you haven't yet been to the permanent protection order hearing, it would be prudent to, at the very least, have a consultation with an attorney to help you prepare for the hearing. Having a protection order entered against you subjects you to great risk going forward.

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