Criminal Defense Lawyer
When a court issues a protective order or restraining orders, they are hoping to provide legal protections to victims of sexual abuse harassment stalking and domestic violence. Oftentimes these orders can successfully prevent extreme cases of emotional and physical and sexual violence, however not every protection order is issued by somebody who needs it.
When an order is executed falsely, and it’s estimated that over 700,000 protective orders are issued based on false claims of abuse, the repercussions on the legal and social systems are detrimental, and may affect the accused person’s life to the point that their standard of living is extremely affected.
Unfortunately, it is not unusual for families who fight or spouses who are divorcing to use protective orders as weapons. This is because oftentimes fighting family members or divorcing spouses believe that it will benefit their personal or legal circumstances and change the view of that person to better their chances of obtaining, say full custody of a child.
If you are going to challenge an order of protection, the first thing you need to do is to discuss with your protective order attorney in Arlington, VA, from May Law, LLP. You will need a lawyer who understands state laws and the legal processes that you are going to be going up against. The first step is to state what kind of order you have been served and figure out the actions that caused it to be served.
People who file, otherwise known as petitioners, may file because of the following:
- They believe you are capable of violence towards them, or have experienced violence.
- They have experienced threats of violence or death from you, or have seen you do so to others.
- They may believe you are capable of sexual assault or have experienced sexual assault at your hands.
- They believe you are capable of stalking them or are stalking them.
- They believe you are capable of physical assault or have experienced physical assault from you.
How to Prove a False Order of Protect & Fight It
If you believe that the charges filed under an order of protection are false then you have the legal right to present your case to the court. However, you will need to respect and observe the restrictions of the protective order until it is to be dismissed by the court, otherwise you are breaking the law. Just because an order may be false does not mean that you can ignore it until it is dismissed it is the law.
When You’re served a protective order, you are also granted these follow up the following rights:
- You will receive notice of a court hearing regarding the charges being made against you.
- The legal right to defend yourself against these charges.
You will want to secure evidence because your case is going to depend on your ability to compile and see evidence that can be utilized by your lawyer to defend you. The court has already been influenced by the petitioner, so you need to make sure your evidence is airtight.
The court hearing is your time to share your story, and that means you do not want to intentionally or accidentally dispose of any evidence that the court may request; it may not work in your favor.