How I fight a restraining order request?

Recently on our legal forum a user asked, “My ex-girlfriend has filed a protective order against me in the State of Texas. I am not a violent person and we have never had any type of physical altercation. I am wondering what this order is and what I can do to fight it?”

What is a protective order? 

All fifty states have some of type of legal process for issuing protective orders, although some states refer to them with different names (i.e. restraining order, injunction for protection, or order of protection).

In the State of Texas, a no-contact protective order will require the abuser to stay at least 500 feet away from the alleged victim and where the alleged victim lives and works, and to refrain from harassing, threatening, stalking or committing any violence against them. The alleged defendant may also be required to attend specialized counseling for their actions. Generally, the order is valid for a minimum of two years.

Who can apply for a protective order?

Now, you mentioned your ex-girlfriend applied for the protective order, but it’s important to note that others may also have the right to file a protective order. Specifically, anyone who has been the victim of physical abuse or the threat of imminent danger may file the order if they have any of the following relations to the victim: spouse, ex-spouse, blood relation, relation by marriage, live-in girlfriend or boyfriend, victim of sexual assault, involved in a dating relationship, or biological parents of the same child.

What do you do if a protective order request has been made against you?

If you have had a protective order filed against you in Texas the state will serve the notice to you within seven to fourteen days of the request. You should be notified of the court date. It is important that you appear at the hearing and present evidence against the order in court. If you fail to appear at the hearing the judge will grant the Protective Order by default and you will not have a chance to defend yourself.

It is important if a hearing has been scheduled that you contact a lawyer as quickly as possible and make sure you are ready to defend yourself at the hearing.

How can I fight a protective order? 

Domestic assault and violence against another person is a serious offense. With that said, there are instances where allegations are made or grossly exaggerated to get a protective order issued.

There are a variety of reasons that someone might make a false claim, but if one is made it may allow the court to ignore traditional due process protections, rules of evidence, child custody rights, and property rights and issue an order.

To fight against false allegations, you will need to get information about the restraining order, including the application and the affidavit the plaintiff filed. After you obtain these documents you will need to gather evidence to disprove the claims.

For example, were you out of time when she claimed you were threatening her? Do you have phone records to prove you did not call her? Do you have emails? Do you have any friends or other witnesses to support your claims of innocence?

Additionally, you can talk to your lawyer about how to prove that her affidavit fails to meet the legal standard outlined under the law. Specifically, show evidence that you did not place the plaintiff in fear of “imminent, serious, physical harm.”

Finally, be ready to provide evidence at the hearing to disprove any lies that the plaintiff may tell in court. And be ready to provide information about any other motives that a plaintiff may have to lie and seek a protective order (i.e. to ease child custody battles, to gain an advantage in a divorce, to expedite an eviction, for vengeance, or to adjust their immigration status under the Violence Against Women Act).

Bottom line: 

Fighting a false protective order is critical. Talk to a lawyer and get all the evidence you need to present at your hearing.