Restraining orders protect people against abusers. Unfortunately, some people manipulate the system and file them as a form of revenge against an innocent person. If someone has wrongfully filed a restraining order against you, it can tarnish your reputation.
Continue reading to find out what to do if someone has falsely filed a restraining order against you.
What Is a Restraining Order?
Restraining orders, also known as protection orders or no contact orders, are legal orders a judge signs to instruct the alleged abuser to cease certain activities. Contrary to popular belief, these orders don’t show up on a person’s record. However, if the alleged abuser violates it, they may face fines and jail time.
Generally, restraining orders include:
Number One: Personal Conduct Orders
These are orders to stop certain acts against the person named in the restraining order, who’s known as the protected person. Some of the acts the restrained person may need to stop are:
- Contacting, calling, or sending electronic messages, which includes e-mails
- Attacking, striking, or battering
- Sexually assaulting
- Destroying the protected person’s property
- Disturbing the peace of the protected person
Number Two: Stay-Away Orders
These are orders to keep the restrained person a certain distance away, such as 50-100 yards, from:
- The protected person
- The place of residence of the protected person
- The protected person’s work
- The protected person’s children
- The protected person’s car
- Other places the protected person frequents, such as a gym or club
Number Three: Exclusion Orders
These orders are also known as “kick-out” or “move-out” orders. It asks the restrained person to move out from where the protected person lives, and asks them to take only clothing and personal belongings until the court hearing. These orders are usually only granted in domestic violence cases.
What If Someone Files a False Restraining Order Against Me?
In some situations, there was no instance of domestic violence, but the alleged victim may try to use a restraining order to sabotage your life. Although you may not face jail time, there are other repercussions you might face:
- You won’t be able to go to certain places and do certain activities.
- You might be forced to move out of the house, even if it’s under your name.
- You might not be able to see your children.
- You will not be able to own a gun. If you already own a gun, you will have to turn it over to a police officer or sell it.
- It might affect your immigration status if you’re trying to attain a visa.
Why Do People File False Restraining Orders?
Although most people who seek a restraining order want to protect themselves, some of them play victim when there was no crime. For example, a person may want their roommate kicked out of their apartment out of spite, but they might not want to go through the lengthy eviction process. In this situation, that person may accuse their roommate of domestic violence and ask the court to remove them from the apartment.
Contact The Ault Firm
If someone has wrongfully filed a restraining order against you, you must seek immediate legal representation. A protective orders attorney will help you present a defense against the false allegations. Contact The Ault Firm today to work with an experienced protective orders attorney.