How Can I Fight an Order of Protection Based on False Information in Llano, TX? 

 Posted on March 25, 2022 in Family Law

While domestic abuse presents a serious problem for many intimate partners and families in Texas, there is no question that some people abuse the seriousness with which Texas treats domestic abuse by making false accusations. False accusations of domestic violence can result in harmful negative consequences, including criminal charges, restrictive orders of protection, lack of access to your home and children, and damage to your reputation.  

Even worse, temporary restraining orders can be put in place without the input of the person against whom the accusations are made. This can catch the target of the restraining order by surprise and leave them wondering what on earth they should do. If you have been accused of domestic violence and had a temporary or final protective order unjustly issued against you, you have legal options. While it may not be easy, a skilled criminal defense attorney can help you fight false accusations and get your life back. 

Does My Partner Have to Prove I Did Something Wrong? 

Mistakes happen and good people make bad decisions in the heat of the moment. During a fight, both partners may say things they do not really mean. However, even the most superficial threat of violence can be taken seriously and a partner may respond to a fight by misinterpreting their partner’s intentions and requesting an order of protection. Other times, partners will deliberately use orders of protection as a power move, a tactic to “punish” someone, or a manipulative effort to keep them away from their children and home. 

While temporary orders do not require significant evidence, they usually only last up to three weeks. Final protective orders, which can last up to two years and even longer if there is a significant and ongoing threat, do allow the target of the order to present a defense. It is absolutely essential that you attend the hearing for a final protective order, as a judge may rule in your partner’s favor if you do not attend. 

Even if you did attend the hearing and an order of protection has been filed against you, you can submit a motion to contest the protective order. You may request that the order be modified, so you have the option of seeing your children or going to your home under certain circumstances, or that the order be removed altogether. Your attorney can review your case and help you build a vigorous defense that is appropriate for your situation. 

Meet with a Llano County Order of Protection Defense Lawyer

An order of protection can have a serious impact on your life, including your ability to access your home and see your children. If you have had an order of protection filed against you and you want to fight it, schedule a consultation with the Llano, TX order of protection defense attorney at Law Office of Russ Alan Baker, PLLC by calling us today at 325-216-2006. 

Source: 

https://www.txcourts.gov/media/1449964/protectiveorderkit-english.pdf