QUESTION

false allegations of DV

Asked on Feb 06th, 2013 on Domestic Violence - Washington
More details to this question:
my girlfriend and I had an arguement -she wanted me to leave the house and when i refused she caled the cops. They asked her if I had hit or threatened her -she said no I just want me to leave. Since there was no DV (ever) and Its my house too the cops said I didnt have to go. 2 days later I was served with a temp RO and I had 15 minutes to get my belongings and leave my house. Right now Im basicly homeless what should I do when I go to court ? Can she get in trouble for making false allegations?
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1 ANSWER

Family Law Attorney serving Kennewick, WA at Ashby Law PLLC
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Sorry about your difficulties, Shawn.  First, make sure you do not violate the TRO.  Second, make sure you appear at all court dates.  Third, you should really consider retaining an attorney to help you with this.  She can get in trouble for making false allegations (perjury), but the truth is that perjury laws are rarely enforced in domestic violence settings.  When you go to court you are entitled to tell the judge what happened.  So is your girlfriend.  If you disagree on what happened, the judge will have to make a decision.  He doesn't have a crystal ball and will likely err on the side of making sure that no one gets hurt.  In other words, if she says you hit her and you say you didn't, it might be a tough day for you.  If you have any evidence, make sure to take it to the hearing.  Were there any witnesses?  Make sure to obtain a copy of the police report and have that with you.  If this goes to a full trial, you will need to subpoena the police officer that came out to the house to testify that your girlfriend denied violence. Tough situation.  No matter what happens, make sure at the first hearing to ask the judge to give you your things.  As to ownership/right to live in the house, again, your should contact an attorney. Best of luck in a difficult situation.
Answered on Feb 06th, 2013 at 3:17 PM

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