What recourse do I have for false claims in an order of protection?

Full question:

I received a t.r.o. my wife had me served on the 14th claims I use drugs, a urine screen at my dr's office friday will prove that lie. I will admit to some nasty fights that have neighbors calling the police because it sounds like she might kill me. My record is spotless and I've never been arrested, but her claim states that she is afraid for her safety and our 6 month old daughter. It was filed and stamped at 11:25 on the 14th and I have since received over 160 messages and more than 80 phone calls very plainly say she was mad at me smart wanted met to leave and since I wouldn't she thought if she said I threatened our daughter I we would be made to leave and, les than 2 hours after I became homeless she offered to let me come and spend some time with my daughter who is also nam ed in the order. I have 2 witness (her cousins) who signed statements verifying this. family that heard her admit to lying and at least 10 are wanting me to come home & she wont call the cops. Well since I refuse too go she got upset and said she wont drop it now. So my question is what kind of recourse is there her for obtaining an o.p. through perjury because in black and white and verbatim says 'i know you would never hurt us, I was mad so I did it so you would be forced leave. So what happens to her now that her lies have kept me from my daughter, made me homeless and, she threw my prescription meds and I have no car I could lose my job because I have such a hard time getting a ride So before I file for divorce please tell me that two witnesses, 11 signed testimony and 166 messages that all have her plainly admitting to it in detail will get me experts and there has to be some sort of punishable crime for her filing a claim that can be discredited and resulted in me being homeless with no money. So what can done to making it up and admitting in two that she knows I would never hurt her or the baby so what is going to be her punishment for her perjury, knowingly giving a false statement and for keeping me from my daughter, my house and my medicine she through away.

Answer:

In Illinois, filing a false report is considered disorderly conduct. Your wife could potentially face legal consequences for her actions. You may also have grounds to sue her for conversion to recover the value of your medications that she disposed of. Conversion is a civil action that seeks compensation for personal property wrongfully taken or destroyed by another person. To succeed in a conversion claim, you must show that you demanded the return of your property and that she refused. You can seek damages for the replacement value of the property and any loss of its use. Regarding perjury, under Illinois law, a person commits perjury when they knowingly make a false statement under oath in a legal proceeding (720 ILCS 5/32-2). If proven, perjury is classified as a Class 3 felony. If you have evidence such as witness statements and messages that support your claims, it may strengthen your case. However, pursuing legal action can be complex, and you may want to consult with a lawyer for specific advice tailored to your situation. Users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Illinois, disorderly conduct refers to actions that disrupt public peace or create a hazardous situation. Filing a false report can fall under this category. If someone knowingly makes false statements that lead to legal actions, they may face criminal charges. Penalties can include fines or even jail time, depending on the severity of the offense. It's important to gather evidence if you believe someone has committed disorderly conduct against you. Consult a lawyer for specific guidance on your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*