Fighting Domestic Violence Restraining Orders
Domestic violence is a serious matter. This is especially true when children are involved, whether witnessing the acts of being a victim themselves. There are harsh penalties involved with this type of crime and this is why a false accusation could be detrimental to one’s lifestyle and freedom. With the help of a trusted family law firm, it is possible to fight a domestic violence restraining order.
Not only can a restraining order impact the lives of you and the person who has requested this order, but it can impact family life as well. A finding of domestic violence could impact time-sharing agreements and spousal support for a previously-married couple.
What to do if a restraining order is placed against you
Legitimate or not, if a domestic violence restraining order is placed against you, you should obey the law. Failing to do so will only complicate your case and will limit your chances of having the order lifted.
If this occurs, the order will only be temporary until you and your accuser go in front of a judge. So you should abide by the order and while doing so, you should:
- Create a witness list, if possible
- Gather any physical evidence in your favor
- Have documents related to the case: text messages, emails, call records, photos
If you find yourself the victim of one of these orders being erroneously handed to you, we can help. There are several factors in your favor when fighting domestic violence restraining orders. Here are a few:
Protected free speech
If your restraining order was placed out of a verbal threat, there are limits to what can be said. For instance, you can’t threaten one’s life or livelihood. Though there is a fine line of what you can and cannot say to another individual, your free speech is still protected under the First Amendment.
If the fear was not sustained
A criminal threat toward the victim can only be grounds for a domestic violence restraining order if the fear is sustained. One argument between you and your significant other should not result in any sort of legal action. There are limits to this as well — a physical altercation, for example — but for the most part, prolonger fear is necessary.
Individuals are falsely accused of crimes all the time. This is one of the top reasons for private investigators becoming involved in cases. While your case will hopefully not need to go to the extent of hiring a private investigator, know that it can be an option if necessary.
Need the help of a family law firm while fighting a domestic violence restraining order?
With legal counsel, you significantly increase your chances of having this erroneous order lifted. Not only does having a lawyer from a trusted family law firm by your side show your innocence, but it proves you are willing to fight for what you know is right.
Give me a call today and we can discuss the next steps for your case.