Protect Yourself Against False Restraining Orders

Protective orders serve a valuable role. They can help protect people who are in fear for their safety because they have been abused or threatened by their partner, their former partner, or someone else in their life. The presumption by the courts is that when a person, often a woman, requests a protective order, there is a real need for one. Unfortunately, that is not always the case.

Many people file false restraining orders as a means to gain the upper hand in a divorce or child custody case. They attempt to paint the other partner as abusive to get a bigger divorce settlement or to get sole custody of the children. If you are falsely accused of domestic violence, not only can that jeopardize what you get in the divorce or what kind of relationship you can have with your children, but that restraining order will also go on your criminal record, and it can follow you for years, making it hard for you to get a job and more. 

Here’s what you can do if you are the victim of a false restraining order: 

Hire an Attorney

The first thing you need to do when you learn that you have been named in a restraining order is to hire a good criminal defense attorney in Arizona. You can talk through your options for fighting the order and for protecting your criminal record. Your attorney will review the circumstances of the case and help you understand exactly what your options are and then create the best strategy forward. 

You will need to have this consultation quickly because you only have 10 business days to object to the order and to request a hearing. 

Collect Evidence

A judge is not likely to just take your word that you haven’t been abusing, harassing, or threatening the person who named you in the protective order. You are going to need to provide whatever evidence you can. Providing evidence that you did NOT do something is a lot harder than providing evidence that you did. You will have to think through the circumstances of the accusation to know what evidence to provide.

For example, if you were accused of committing certain acts at certain times, you could provide evidence that you were in another location at the time. Or you could produce text messages that reference the time you were supposed to have been together but that depict a different version of events. Your attorney will help you understand what evidence would best support your claims and help you gather it. 

Gather Witnesses

Witnesses will be essential to defending yourself against a false restraining order. You can produce witnesses that describe the events in question and testify that no abuse or harassment occurred. Or you can produce witnesses that testify to your character and the type of interactions you had with the person who accused you. 

Again, it’s important to talk through your options with your Mesa criminal defense attorney. Your attorney will draw on experience and knowledge of the law to help you select the witnesses who will have the most impact on your case. 

Obey the Court Order

Above all, you should obey any Mesa court order that has been put in place even if you are fighting it. Do NOT contact the person who accused you in an attempt to work things out or to convince them to take things back. Any such contact could be used to show that you are harassing the person or trying to threaten or intimidate them. 

As soon as you learn about the restraining order being filed against you, contact the best Arizona criminal defense attorney you can find and start working on your strategy to defend yourself. Time is of the essence, and a successful defense can help you protect your future. 

Call the Dove Law Firm to talk with an Arizona restraining order lawyer about your options. Our criminal defense team has represented many people like you who were falsely accused in a protective order. We know how to defend these cases, and we are ready to help you fight to protect your rights and your future. Call us today to schedule a free, no-obligation consultation to learn more about how we may be able to help you.