Can a suppression of evidence be considered false evidence?
Misleading by suppressing evidence can also be considered a form of false evidence ( by omission ), however, in some cases, suppressed evidence is excluded because it cannot be proved the accused was aware of the items found or of their location.
What can a restraining order or protection order do?
Protection orders, restraining orders, no contact orders or protection from abuse orders are legal orders that a judge signs that instructs the alleged abuser to cease certain activity. If the alleged abuser violates the instruction of this order, he or she may face serious consequences.
How is falsified evidence created in a criminal case?
Falsified evidence could be created by either side in a case (including the police/prosecution in a criminal case ), or by someone sympathetic to either side.
When is a protection order is misused by a victim?
Because protection orders can order such things as spousal support, child support, child custody or visitation, alleged victims may use protection orders as a shortcut around family law matters. When someone secures a protection order due to false accusations, there are often serious consequences.
Can a court issue a restraining order without following the law?
Many courts issue restraining orders without following the requirements of the law (which are already so flimsy as to be a mockery.) If a person comes in to court (called the ‘complainant’ or ‘plaintiff’) and whines about feeling ‘fear’, a court will often issue an order, even though many times it is improper and illegal to do it.
How to appeal a false allegation retraining order?
This means, if the situation changes or you find information of previous false testimony, or other things of that sort, you can file a motion to vacate the order. What About Appeals?To appeal a restraining order, one must file an appeal with the Massachusetts Appeals Court, in Boston.
Are there any side effects of restraining orders?
One more clear evidence that this is not about protection, but family destruction. Another undesirable side affect of restraining orders is an automatic deprivation of your protected right to carry arms. The anti-gun nuts are ebullient over this, because they can disarm thousands with ease.
Because protection orders can order such things as spousal support, child support, child custody or visitation, alleged victims may use protection orders as a shortcut around family law matters. When someone secures a protection order due to false accusations, there are often serious consequences.