I have been addressing the issue of restraining orders issued under false pretenses related to Family Law. Here is a story on the collateral effect of such false statements and actions.
A law enforcement officer was recently relieved of duty after serving a lawfully issued domestic restraining order by a judge. The officer served the restraining order at the request of a thirty party while off duty.
The spouse after who was served the order, angry over the service, retaliated against the officer personally. The spouse went to court and said they were being stalked, all the while withholding from the courts that the individual was in fact an on off duty officer who had served the restraining order.
Upon service of the restraining order against the officer, the officer was relieved of duty pending the outcome of the investigation. Their weapon taken into custody per the law related to the issuance of a restraining order and their pay was suspended.
The officer had to retain legal counsel to represent them during the internal police investigation and to seek the removal/overturn the falsely issued restraining order.
After several months, the officer was returned to duty, their weapon returned, and their back pay reinstated. However this was accomplished at substantial hardship/difficulty to the officer and their family. And with no possibility to pursue consequences against the angry spouse who filed the false allegations.
This is because many states have initiated laws that prohibit an officer from filing lawsuits against an individual who has filed a complaint against them related to their employment. Even when that complaint has been proven to be false.
This change in the law was done to ensure that the public felt confident in their ability to bring complaints against an officer without retaliation in doing so. Unfortunately the passage of the law lacked the ability to anticipate actions of persons seeking personal vendettas.
Scenarios such an angry spouse, whose divorce, the officer had no involvement in other than to serve the domestic restraining order. An issue which may require correction in the future.
The same is true for individuals who are prohibited from filing a lawsuit against someone who files a restraining order, even when those allegations/statements are shown to be false for the same reasons. To ensure the ability of someone to seek the safety of a restraining order without fear of retaliation. Again with the same consequences no recourse for the falsely accused.
The name of the officer, their department, sex, city and state as well as the name and sex of the perpetrator is being withheld as having no bearing on the story/facts/information.
Scenarios such as this and more will continue to occur even escalate as Family Law continues to turn a blind eye to perjury, refuses to enforce court orders, and allows such actions to continue without consequence. Never mind the damage that we are doing to children in the process when parents violate custody orders.
As a side note. Unlike many who face false allegations this officer was at able to obtain legal representation through their law enforcement league which they contribute to through monthly dues. But many individuals are depleted financially and emotionally in dealing with such actions.
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