Restraining orders are meant to protect people from dangerous people. Unfortunately, courts throughout California tend to favor and protect women’s claims of alleged harassment or domestic abuse over men. Some women manipulate the facts to get legal orders that best serve their needs. If someone has filed a domestic violence action and made false restraining order allegations against you, contact us to learn how to protest such claims. Read on to learn more about restraining order abuse and how to protect yourself against false restraining order allegations.
California Domestic Violence and Restraining Order Abuse
False restraining order accusations occur when the alleged victim presents evidence illustrating that the accused committed an unlawful act of aggression or harassment against him/her. Though the information may seem somewhat factual, under close examination, it is false. False restraining order allegations can impact child custody orders or lead to criminal arrest.
Oliver recently filed a petition to divorce Suzanne. Oliver filed a request for a temporary child custody order pending the final marital dissolution. Suzanne, upset that Oliver filed for divorce, falsely claims that Oliver has emotionally abused her and the children during the duration of the marriage. The judge believes Suzanne’s claims and orders Oliver to have supervised visitation with the children pending the final dissolution.
Under criminal circumstances, it is not uncommon for the alleged victim to simulate fake situations of domestic violence to get a restraining order.
Suzanne is on antidepressants as a result of emotional instability arising from her pending divorce. Suzanne plots to make false domestic violence accusations against Oliver her spouse in the attempt to prevent him from seeing their children. She self-inflicts lacerations on her body and claims that Oliver attacked her. She immediately seeks an ex-parte order prohibiting him from contacting the children or her. The order also results in Oliver being arrested for domestic battery.
In court, unless Oliver presents a successful defense, Suzanne’s claims may be deemed legitimate and result in his possible incarceration.
We Can Help You Defend Against Restraining Order False Accusations
If you have been served with a civil restraining order or a domestic violence restraining order, and need to file a response, contact A People’s Choice for legal help. Do not let someone get a restraining order against you by making false accusations. People unethically use the legal system to their advantage in court proceedings. You should take immediate action if you have been served.
With regards to civil restraining orders or domestic restraining orders, A People’s Choice can help you file the necessary response to the accuser’s claims without spending thousands of dollars to hire an attorney. A People’s Choice can help you address each false allegations to make sure the court understands your side of the story before it renders a decision. Contact us today. We provide legal document help to all residents of California and serve all 58 counties.