Protective orders, sometimes referred to as restraining orders, are extremely important in helping to protect people. Those who fear for their safety due to abuse or threats from their current or former partner or other individual can obtain a protective order. But while the courts take such claims seriously and feel strongly about providing protection for these individuals by issuing a protective order, unfortunately sometimes there isn’t actually a need for one.
Sadly it isn’t uncommon for individuals going through a contentious divorce or a child custody case to file a false protective order against the other individual involved. They often do so in order to obtain a larger settlement in the divorce or more (sometimes sole) custody of the kids.
Filing a false report for a protective order is illegal and can have an extremely serious impact on the individual named. In addition to impacting a current divorce or custody case, when a protective order is filed against you it becomes part of your criminal record, thereby impacting many other aspects of your life for a long time to come. So what can you do if you’ve been the victim of a false protective order? Follow these steps:
1. Hire an Attorney
It can be shocking to learn that you have been named in a protective order. However, before you do anything it’s in your best interest to hire a qualified San Bernardino criminal defense attorney who can help to explain all of your options to you and help you to establish a strategy going forward. Since you only have 10 days to object to a protective order and to request a hearing, it’s imperative that you contact an attorney and schedule a consult right away.
2. Collect Evidence
While it’s easy to collect evidence that something has occurred, it can be a lot more difficult to offer proof that something has not transpired. In order to know what you can present to the judge, you can consult with your attorney. You will have to consider the circumstances surrounding the accusation against you. For instance, if you are accused of abuse on a certain date, evidence proving that you were at a different location all day would be extremely helpful in disproving such claims.
3. Gather Witnesses
Witnesses can be extremely helpful in proving your innocence against false accusations. You may provide witnesses that can attest to no abuse occurring at the time that it is claimed to have occurred, or you can provide witnesses who can attest to your character. Once again, your attorney can help you to choose the best witnesses for your specific case.
4. Obey the Court Order
There’s no doubt that finding out you have a false protective order filed against you can be infuriating. Therefore it’s not unreasonable that you would feel the urge to contact the accuser and give them a piece of your mind. However, you should never contact this individual. Contacting this person can also be falsely used to demonstrate that you were “harassing” or trying to “intimidate” your accuser. Instead, call up an experienced San Bernardino criminal defense attorney as soon as possible.
The Law Offices of Ronald L. Freeman Who Have Been Falsely Accused of Abusive or Threatening Behavior
If you or a loved one has been falsely accused of abusive or threatening behavior and have had a protective order filed against you, you should be sure to take it seriously. Such an order can have tremendous life-long effects on you. That’s why it is so important to consult with a knowledgeable San Bernardino Criminal Defense attorney. At the Law Offices of Ronald L. Freeman, we will fight to have a false protective order against you dropped. To learn more or to schedule a free consultation, contact us today!