What Can I Do if My Wife Files for a TRO Based on False Evidence?
Full Question:
Answer:
In Illinois, filing a false report is covered under the statute for disorderly conduct. It is possible that she could be sued for conversion to recover the cost of the medications. Conversion is a action brought in civil court to recover the value of personal items of property, wrongfully converted by another to his own use. The action seeks a remedy for the conversion, not the taking of the item. If the items are of a unique nature, so that money can’t replace the item, a writ (official order) of replevin may be sought in court. A replevin petition seeks the return of the particular items taken.
Conversion is when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must prove that he or she demanded the property returned and the defendant refused to do so. Damages may be recovered for the replacement value of the property as well as for the loss of its use. Conversion is very similar to theft, but is a civil action, not a criminal action.
Please see the following IL statutes to determine applicability:
(720 ILCS 5/32‑2) (from Ch. 38, par. 32‑2)
Sec. 32‑2. Perjury.
(a) A person commits perjury when, under oath or affirmation, in a proceeding or in any other matter where by law such oath or affirmation is required, he makes a false statement, material to the issue or point in question, which he does not believe to be true.
(b) Proof of Falsity.
An indictment or information for perjury alleging that the offender, under oath, has made contradictory statements, material to the issue or point in question, in the same or in different proceedings, where such oath or affirmation is required, need not specify which statement is false. At the trial, the prosecution need not establish which statement is false.
(c) Admission of Falsity.
Where the contradictory statements are made in the same continuous trial, an admission by the offender in that same continuous trial of the falsity of a contradictory statement shall bar prosecution therefor under any provisions of this Code.
(d) A person shall be exempt from prosecution under subsection (a) of this Section if he is a peace officer who uses a false or fictitious name in the enforcement of the criminal laws, and such use is approved in writing as provided in Section 10‑1 of "The Liquor Control Act of 1934", as amended, Section 5 of "An Act in relation to the use of an assumed name in the conduct or transaction of business in this State", approved July 17, 1941, as amended, or Section 2605‑200 of the Department of State Police Law (20 ILCS 2605/2605‑200). However, this exemption shall not apply to testimony in judicial proceedings where the identity of the peace officer is material to the issue, and he is ordered by the court to disclose his identity.
(e) Sentence.
Perjury is a Class 3 felony.
(Source: P.A. 91‑239, eff. 1‑1‑00.)
(720 ILCS 5/Art. 26 heading)
ARTICLE 26. DISORDERLY CONDUCT
(720 ILCS 5/26‑1) (from Ch. 38, par. 26‑1)
Sec. 26‑1. Elements of the Offense.
(a) A person commits disorderly conduct when he knowingly:
(1) Does any act in such unreasonable manner as to
alarm or disturb another and to provoke a breach of the peace; or
(2) Transmits or causes to be transmitted in any
manner to the fire department of any city, town, village or fire protection district a false alarm of fire, knowing at the time of such transmission that there is no reasonable ground for believing that such fire exists; or
(3) Transmits or causes to be transmitted in any
manner to another a false alarm to the effect that a bomb or other explosive of any nature or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place that its explosion or release would endanger human life, knowing at the time of such transmission that there is no reasonable ground for believing that such bomb, explosive or a container holding poison gas, a deadly biological or chemical contaminant, or radioactive substance is concealed in such place; or
(4) Transmits or causes to be transmitted in any
manner to any peace officer, public officer or public employee a report to the effect that an offense will be committed, is being committed, or has been committed, knowing at the time of such transmission that there is no reasonable ground for believing that such an offense will be committed, is being committed, or has been committed; or
(5) Enters upon the property of another and for a
lewd or unlawful purpose deliberately looks into a dwelling on the property through any window or other opening in it; or
(6) While acting as a collection agency as defined in
the "Collection Agency Act" or as an employee of such collection agency, and while attempting to collect an alleged debt, makes a telephone call to the alleged debtor which is designed to harass, annoy or intimidate the alleged debtor; or
(7) Transmits or causes to be transmitted a false
report to the Department of Children and Family Services under Section 4 of the "Abused and Neglected Child Reporting Act"; or
(8) Transmits or causes to be transmitted a false
report to the Department of Public Health under the Nursing Home Care Act or the MR/DD Community Care Act; or
(9) Transmits or causes to be transmitted in any
manner to the police department or fire department of any municipality or fire protection district, or any privately owned and operated ambulance service, a false request for an ambulance, emergency medical technician‑ambulance or emergency medical technician‑paramedic knowing at the time there is no reasonable ground for believing that such assistance is required; or
(10) Transmits or causes to be transmitted a false
report under Article II of "An Act in relation to victims of violence and abuse", approved September 16, 1984, as amended; or
(11) Transmits or causes to be transmitted a false
report to any public safety agency without the reasonable grounds necessary to believe that transmitting such a report is necessary for the safety and welfare of the public; or
(12) Calls the number "911" for the purpose of making
or transmitting a false alarm or complaint and reporting information when, at the time the call or transmission is made, the person knows there is no reasonable ground for making the call or transmission and further knows that the call or transmission could result in the emergency response of any public safety agency; or
(13) Transmits or causes to be transmitted a threat
of destruction of a school building or school property, or a threat of violence, death, or bodily harm directed against persons at a school, school function, or school event, whether or not school is in session.
(b) Sentence. A violation of subsection (a)(1) of this Section is a Class C misdemeanor. A violation of subsection (a)(5) or (a)(11) of this Section is a Class A misdemeanor. A violation of subsection (a)(8) or (a)(10) of this Section is a Class B misdemeanor. A violation of subsection (a)(2), (a)(4), (a)(7), (a)(9), (a)(12), or (a)(13) of this Section is a Class 4 felony. A violation of subsection (a)(3) of this Section is a Class 3 felony, for which a fine of not less than $3,000 and no more than $10,000 shall be assessed in addition to any other penalty imposed.
A violation of subsection (a)(6) of this Section is a Business Offense and shall be punished by a fine not to exceed $3,000. A second or subsequent violation of subsection (a)(7) or (a)(11) of this Section is a Class 4 felony. A third or subsequent violation of subsection (a)(5) of this Section is a Class 4 felony.
(c) In addition to any other sentence that may be imposed, a court shall order any person convicted of disorderly conduct to perform community service for not less than 30 and not more than 120 hours, if community service is available in the jurisdiction and is funded and approved by the county board of the county where the offense was committed. In addition, whenever any person is placed on supervision for an alleged offense under this Section, the supervision shall be conditioned upon the performance of the community service.
This subsection does not apply when the court imposes a sentence of incarceration.
(d) In addition to any other sentence that may be imposed, the court shall order any person convicted of disorderly conduct under paragraph (3) of subsection (a) involving a false alarm of a threat that a bomb or explosive device has been placed in a school to reimburse the unit of government that employs the emergency response officer or officers that were dispatched to the school for the cost of the search for a bomb or explosive device. For the purposes of this Section, "emergency response" means any incident requiring a response by a police officer, a firefighter, a State Fire Marshal employee, or an ambulance.
(Source: P.A. 96‑339, eff. 7‑1‑10; 96‑413, eff. 8‑13‑09; 96‑772, eff. 1‑1‑10; 96‑1000, eff. 7‑2‑10; 96‑1261, eff. 1‑1‑11.)
