Defense Against False Protective Order Claims in Texas

 Posted on July 30, 2024 in Criminal Defense

In Texas, protective orders are powerful legal tools designed to protect individuals from abuse, harassment, or threats. However, these orders can sometimes be misused, leading to false accusations that can have severe consequences if you are accused. Understanding the process and your rights is helpful if you find yourself wrongly facing a protective order. A Texas lawyer can help you if you receive a false allegation.

The Impact of a Protective Order

A protective order, often referred to as a restraining order, can significantly affect your life, even if based on false allegations. The consequences may include:

• Restrictions on your movement and communication
• Potential loss of access to your home
• Limitations on child custody and visitation rights
• Negative impact on your reputation and employment
• Criminal charges if you violate the order, even if falsely obtained

You should take any protective order seriously, regardless of its validity, and seek legal representation immediately.

The Protective Order Process

In Texas, the process of obtaining a protective order begins when someone files an application with the court. This can be done through the county attorney, district attorney, or a private attorney. The court may issue a temporary ex parte order, which can last up to 20 days, based solely on the applicant’s claims without hearing your side of the story.

Within 14 days, a court hearing will be scheduled so both parties can present their case. This hearing is your opportunity to challenge the allegations and present evidence in your defense. After considering all evidence, the judge will decide whether to grant a final protective order, which typically lasts up to two years but can be extended.

Defending Against False Allegations

If you are facing false allegations, your defense strategy is critical. Here are some steps to consider:

• Gather evidence: Collect any documentation, communications, or witness statements that contradict the allegations against you.

• Document your side: Keep a detailed account of events related to the accusations.

• Avoid contact: Refrain from contacting the accuser, as this could be used against you or violate a temporary order.

• Comply with temporary orders: Even if you believe the order is based on false claims, violating it can lead to criminal charges.

• Seek character witnesses: Individuals who can attest to your character and behavior can be valuable in court.

• Consider counter-petitions: If you are the actual victim of harassment or threats, you may need to file your own protective order in some cases.

The Importance of Legal Representation

Going through protective order cases can be challenging on your own and typically requires legal experience. An experienced criminal defense attorney can:

• Help you understand the allegations and potential consequences
• Develop a strong defense strategy
• Represent you in court proceedings
• Negotiate with the opposing party or his or her counsel
• Work to minimize the impact on your life and rights

Remember, while protective orders serve an important purpose in protecting genuine victims, the system can be misused. False allegations can have lasting consequences on your personal and professional life.

Let a Denton County, TX Criminal Defense Lawyer Help Prove Your Side

If you find yourself wrongly accused and facing a protective order, do not face this challenge alone. A Cooke County, TX criminal defense attorney can protect your rights and fight for justice. Call Magaña & Van Dyke at 940-382-1976 for a free consultation.