Posted on 5/23/22

Protective orders are an important tool for domestic violence victims. When someone has been threatened or abused, they can seek a protective order that prohibits the abuser from coming near them. A protective order allows someone who has been the victim of domestic violence to seek legal assistance and remain safe while doing so. 

False Accusations Can Lead to Protective Orders

Unfortunately, many people who are innocent can become subject to protective orders. Texas judges tend to err on the side of caution. Many judges would rather issue protective orders than run the risk that domestic violence will continue happening. Misunderstandings can lead to protective orders being sought. In many cases, one spouse assumes that language is threatening or abusive while the other spouse does not think anything of the behavior.

False accusations involving child custody cases are also more common than many people realize. Perhaps your spouse has filed for divorce and wants sole custody of your children. Your spouse may exaggerate or make up details involving domestic violence as a way to obtain an order of protection against you. He or she may think that an order of protection will make it easier to gain full custody. 

Having a protective order issued against you can make it difficult for you to have an average amount of custody or visitation with your children as well as the future child custody order you will have. If your spouse has exaggerated a prior incident or lied about it to get you on the defensive, you need an experienced attorney on your side. You can fight the protective order during an evidentiary hearing.

How to Defend Yourself Against a Protective Order

If you have been falsely accused of abusing your partner spouse, there are some steps you can take to protect yourself. You are the respondent to a protective order and as a respondent you have a right to request a motion to dissolve or modify the protective order. Dissolving the order would eliminate the order all together as well as any legal significance it would have on your child custody case.

Modifying the order would change specific terms in the order based on a substantial change in circumstances. It is challenging to defend yourself against a potential allegation of domestic violence. When someone seeks a protective order against you, the evidence may boil down to a he said/she said scenario. There is also a certain amount of pressure on judges to grant protective orders, even if the evidence in favor of the order is questionable.

Contact a Defense Attorney

If you have been falsely accused of domestic violence, it is important that you reach out to a criminal defense attorney as soon as possible. Reaching out to an experienced attorney can help you fight protective orders. Contact the experienced criminal defense attorneys at Abel Law Firm today to schedule your initial consultation and learn more about how we can help you.

Flower Mound Office

Phone: 972.584.7837

Denton Office