Q: I had someone who FALSELY filed a Peace order on me back in 2019. Can I still get a transcript and legal action.
In 2019 she filed a peace order on me lying what happen. Right after court I got messages on xbox of her telling me she lied and she only did it to keep me away bc she was had a bf and but she was the one trying to see me. I have multiple forms of proof and got told I cant remove it off my record today when I went to get it removed. They told me I cant remove it and I want to go after her legally now. She admit in court of what happen which the judge said and I quote "So youre not denying what he said. you commited domestic violence and he was acting in self defense."
She hit me while I was driving while we were arguing and it my like 3 times and I swerved the car and I freaked out and hit her back. With multiple things of her admitting what happen right after and and text. The only time I really contacted her is to talk about it with her because it was traumatizing. the judge told us it while be removed if theres nothing between us which I didnt worry about. Now it wont come off.
A:
That's 4 years ago now. Statute of limitations for filing a claim for civil abuse of process is 3 years from the date the claim arose, which is the date she filed the false petition or the date it was finally adjudicated in your favor, as is any other civil claim you might come up with to sue her on for damages (libel/defamation of character has a 1 year SOL). No prosecutor will entertain perjury charges in a case that old, and definitely not in a case where the petition for peace order was granted and remains on the books as a validly entered order.
You may be eligible for shielding of the civil record. In order to shield a peace order petition, the result of the proceeding must either be (1) the petition and relief were denied or (2) you consented to the peace order. In those two limited scenarios, you file a petition to shield the entire proceeding from appearing in the court docket records and online case search system.
If the peace order was granted based upon a court finding that there were grounds to support its issuance, either after a merits hearing or by default if you failed to contest it, then you cannot get it shielded. In that case, you would need her to consent to a motion to vacate the finding and order; however, after so long, I do not know whether a judge would agree it had the authority to vacate an enrolled final judgment in the case by consent, but it doesn't hurt to try if she is willing to cooperate. As far as a criminal record goes, civil peace orders do not appear in such a record, so if that is your specific concern, then it is misplaced. It is a civil, not a criminal, record.
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