Q: Filing charges for fictitious restraining orders in Delaware.
I received a text message from an individual claiming they've filed restraining orders against me in Delaware, a state I've never lived in or visited since 2021. I have my phone records and no travel records to Delaware during this period as evidence. How do I file criminal charges against someone making such fictitious claims?
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A:
Filing false restraining orders can be considered harassment, making false statements to law enforcement, or misuse of court processes depending on Delaware state law. Your first step should be documenting everything - save the text messages, gather your phone records, and compile evidence showing you haven't been to Delaware during the relevant period.
Contact your local police department to file a report about the harassment and false claims. Explain the situation clearly and provide your evidence. The police may direct you to the prosecutor's office if they believe a crime has been committed. You might also want to contact the Delaware State Police or the county court where these alleged restraining orders were supposedly filed to verify if any actual paperwork exists.
Consider consulting with an attorney who handles criminal matters in Delaware. They can help you understand the specific Delaware statutes that might apply and guide you through formally requesting criminal charges. Additionally, you may want to send a cease and desist letter to the person making false claims, which sometimes resolves the issue without further legal action. Remember that the decision to prosecute ultimately rests with the district attorney's office, not with you personally.
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