
Originally Posted by
foxtrot
I'll also add: It shouldn't be a blank check. Fuck perjury, of which prosecutions never happen (and in the ultra, ultra rare event they do, are a wrist slap). "At risk of..." never results in a prosecution in the Courts, as the discretion to advance it is the Courts. They see lies and fabrications and forgeries all the time, all which are ignored (because it's a lot of extra work to pay attention and punish it...) why should they direct prosecution of this and not others?
It needs to be legislated that any person whom brings a complaint frivolously, vexatiously, or groundlessly, or in bad faith, shall have all attorneys fees and costs awarded against them (such as C.R.C.P. 12(b) would), the liability of which shall be non-dischargeable in bankruptcy.
In order to really mitigate the misuse of a red-flag bill, you need to give the dog teeth on both ends, so that someone has to feel very sure of the situation before risking their own hide, as opposed to perhaps, simply wanting to cause pain and suffering upon another, or having fleeting beliefs based in nothing more than their own hostilities.
It might even be wise to require a criminal proceeding for perjury be initiated in any complaint brought (friv/vex/groun/bad faith) with bright-line declared sentencing standards applied for anyone found guilty.