Fighting Back Against a Falsely Filed Order of Protection
When a person chooses to file an order of protection, they typically do so with good reason. Perhaps they seek protection against physical or psychological abuse. They may also want to protect themselves against someone who is stalking them or otherwise posing a threat. However, there are times when a person is acting maliciously. In those instances, a person will file for an order of protection based on falsifications against you.
It is possible for you to fight back against an order of protection, though it is a complicated process. It is recommended that you seek the help of a criminal defense attorney. Although you can choose to battle through the process alone, it may make it even harder for you to succeed. The courts will typically rule in favor of the person who was allegedly victimized, but a lawyer can help you achieve the right outcome.
Reasons to Fight an Order of Protection
An order of protection prevents you from contacting or going near the person protected. As such, there are plenty of reasons why you may want to have the order lifted. For instance, if you are a parent who has been falsely accused of abuse, an order of protection may prevent you from seeing your children. In that instance, you will want to do everything necessary to have the order of protection lifted so you can resume contact with your children.
Another reason why a person may seek to have an order of protection lifted is that they can show up in an exhaustive background check. At first, the court will grant a temporary order of protection, which is not likely to show up in a background check. However, they can issue a more permanent order, which can last for a year or more.
Unfortunately, there are certain jobs you cannot obtain if an order of protection appears in your background check. For instance, if you want to become an officer of the law, it is unlikely you will be able to if that comes up during a background check. Typically, a person with an order of protection is prohibited from carrying a firearm.
How to Fight an Order of Protection
Make sure you get in touch with an excellent criminal defense attorney so he or she can assist you in removing the order of protection from your records. When a temporary order is granted, you will have to appear in court so the judge can decide if a permanent order is necessary. It is then that you can fight the order of protection. Keep in mind that you have the right to request a trial in such instances to prove your innocence.
While the temporary order is in place, make sure you adhere to it so as not to land yourself in hot water. Bring forth any evidence that proves your innocence in the matter. Proof can consist of documents, witness testimonies, and anything else that could be helpful in your case. An attorney can help you decide what you might need to prove your innocence. Make sure you are always honest when speaking to your attorney and when addressing the court. To find out more about fighting back against an order of protection, contact a legal defense lawyer near you.