Restraining orders are an important instrument in serious domestic violence situations; however, they can be taken out against someone based on false allegations. If a restraining order was taken out against you, it’s important that you act quickly to dispute the allegations.
Most often people obtain restraining orders or protection orders when they fear for their safety. When people have been victims of domestic violence or stalking they will sometimes request a protection order against another person. A restraining order, once granted prohibits the alleged attacker or stalker from having further contact from the victim.
Such orders can prohibit the alleged attacker from coming within a specific distance from the victim, their home, their place of employment or other places that they frequent. An accidental or chance meeting with the victim can be considered a violation of the protection order and send the individual straight to jail.
Although protective orders certainly serve a purpose, not all orders that are requested are based on factual evidence. It is not uncommon for an individual to “dream up" false allegations in order to obtain a protection order against someone. When this happens, these false allegations are used as a tool or “tactic" to manipulate and control a situation.
Whether a roommate wants to kick somebody out of their home, or if a spouse wants to gain control over marital property or children in a divorce, a restraining order can be abused by the supposed victim. Simply disputing such allegations or denying them on your own will not suffice; it will be your word against the person who requested the restraining order against you. Regardless of its merit, you will need to have a criminal defense attorney by your side at the hearing.
Once the protective order has been granted, any type of violation can result in serious consequences for the accused. Furthermore, an order of protection will impose serious limitations upon you. If the person who requested the restraining order is your spouse or partner, you could be denied access to your home, your spouse and your children.
If you are in the middle of a divorce, a restraining order will have a negative impact on your child custody and visitation as well. If you want to protect your legal rights to your property, and your children, it is essential that you seek legal assistance right away. There have been many cases where a skilled attorney was able to dispute and dispel domestic violence allegations, which served to have the restraining orders dismissed. When your rights are threatened, you have to take action immediately in order to protect them; contact a criminal defense attorney right away so you can seek to get such an order canceled or dismissed.