Q: Can the protected party be arrested for having someone arrested for violating a protection order where no crime existed?
Title 22 section 60.3(d) states if there is a pending FP FD case a judge in another county cannot include a minor child as part of the final order. The judge ordered the case transferred and consolidated in with thee FP case and set a review hearing for 3 months later. The petitioner never started a legal proceeding to have it heard in FP case. FP judge claimed he had no jurisdiction to hear the matter so the judge in other county granted her order by default because the defendant didn't show. The petitioner then had defendant arrested for violating protection order by falsely claiming he tried to make contact with his child. case was dismissed refiled as a felony then amended back to misdemeanor then dismissed. Petitioner brought the allegation in bad Faith in retaliation for being subpoenaed to court for a indirect contempt of court.
A: Yes, it is a criminal offense to attempt to gain advantage by false claims of a need for a protective order. The problem is finding an ADA with the courage to file it, or a police officer to even listen to the idea.
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