Legal Recourse When Falsely Accused of a Crime

Falsely Accused

What legal options do you have after having been accused, prosecuted, then exonerated for a crime you did not commit?

There are several legal claims that come into play when someone is falsely accused or improperly prosecuted for a crime. The most common are civil claims based on either defamation of character, or malicious prosecution and/or false imprisonment.
On this page we’ll cover both scenarios as questions and answers to explain the legal concepts and requirements behind these types of claims.

What If I Haven’t Been Exonerated?
If you’re still facing a criminal charge, then these civil actions won’t be of any help. You’ll need to navigate the criminal justice system first before a civil claim is available to you. For that, you’ll need the help of the public defender or a private criminal defense attorney. Talk to a criminal defense lawyer, or see Nolo’s section on Getting a Lawyer…

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FALSE RESTRAINING ORDER STATISTICS AND REASONS

Falsely Accused

Restraining orders are a protective measure intended to help prevent domestic violence and protect victims of it. However, false allegations of domestic violence or criminal activity can result in restraining orders as well as actual allegations of criminal activity, resulting in unfair punishment and long-lasting effects for those accused.

f you have been accused of domestic violence, the most important step is to seek legal counsel. Only by working with a qualified professional at the onset of the case is it certain that you will be able to present the best possible defense, especially in cases that involve allegations of domestic violence—some of the most notoriously difficult to absolve.

Perhaps one of the most surprising statistics about restraining orders is in that roughly half of all cases involving a court-ordered restraining order, there is no allegation whatsoever of physical violence. Restraining orders can be filed against a person who is…

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No-Contact Order

Falsely Accused

The no-contact order is one of more damaging orders a court can put on a person. While nominally it protects the safety of what is known as the protected person, they can also wreak havoc on a living situation. Further, they can create new criminal charges for a restrained person, even felonies. This topic goes into how these orders come about, and the best practices for both the restrained and protected parties.
How is a no-contact order created?
A no-contact order is an order signed by a judge. It can be requested by anyone, but only a judge can order one.
Civilly Requested
The first method is the requested order. A person goes to a court and fills out a form requesting the judge issue a 14-day protection order. The form of course lists the reasons why someone should be restrained. Importantly though, that person is not required to be…

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My story

Yet another story of Tennessee’s legal abuse in their court systems. As United States citizens, the courts were set up to protect all citizens from other citizens, not from the court itself. This “law” network is broken due to unethical practices, procedures, manipulation, and control. It’s time to hold those who abuse it accountable for their misguided actions.

Falsely Accused

I lived with Ned Lines since January 1992. We moved to Tennessee from Ft. Myers, Florida together.  To be honest I don’t even know how me and Ned ever happened! We worked together at Walgreens and I felt bad for Ned because one of the workers he was dicking was also letting a friend of mine’s stepson dick her – IN NED’S CAR – while Ned was at work!  I really felt bad for Ned at the time because I thought he was such a nice boy and didn’t deserve some girl making a fool out of him like that. He was so proud that he was able to snag this girl that he thought was pretty and impressed everyone – little did he know everyone was talking and laughing behind his back.  I even stuck up for Ned when I overheard Darren and Renee talking about the two of…

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“I Reckon”: The Standard of Proof Applied by Judges in Restraining Order Cases

Falsely Accused

As the story goes, civil restraining orders are awarded to plaintiffs who demonstrate by a “preponderance of the evidence” that they need one. According to this story, a judge determines by actuarial science that there’s a 51% or greater probability that the petitioner’s need is valid, that is, that s/he’s representing some facts and his or her feelings about them more sincerely than not and that those facts and feelings fall into some legal definition of trespass (that’s typically as voluminous as interstellar space).

So concludes Harvard Law Prof. Louis Kaplow (who actually does the math).

The important thing is that the process sounds just.

Note: Restraining order judges rule with mallets—and no subtler instruments. While they may be formulaic, their opinions (and they’re not called “opinions” for nothing) aren’t arrived at by the application of algebra. The phrase preponderance of the evidence is a rhetorical…

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