Abusive people might retaliate against you if you ask for a restraining order against them. This retaliation may involve them taking out a restraining order against you. But what if someone lies to get a restraining order? Keep reading to learn about handling a false claim that results in a restraining order.
What if Someone Lies to Get a Restraining Order?
Judges know abusive partners will often file a restraining order to get back at someone. If your abusive partner is doing this, the judge might create mutual restraining orders. The judge then has to give the reasons why and name the primary aggressor. This is so the police know what to do if a problem occurs.
I’ve Been Given a Retaliatory Restraining Order, What Next?
Even if the restraining order is based on a lie, take it seriously. Go to the hearing, even if others tell you not to. Skipping the hearing means the judge could give your abuser a protective order against you. This is not something you want to happen, for several reasons.
First, it allows your abuser to use the system that’s supposed to protect you. Second, your abuser can lie in court, without you there to deny it. If you don’t defend yourself, the judge might file a criminal case against you. Third, if your abuser gets an order against you, it detracts from their abuse. It can make it look like you are part of the domestic violence problem.
Lastly, it puts you in a dangerous position. The police may not know what to do in a dangerous situation. With a restraining order on you, they may side with your abuser. This is exactly what your abuser wants.
If possible, talk with an advocate or lawyer before going to court. If they can help you in this matter, that is extremely helpful. Also, make sure you read your abuser’s statement they submitted for their temporary order. This is on file at the clerk’s office, and you can pinpoint any false claims.
What To Do in Court
Tell the judge what really happened. Make sure you tell the judge the following things, if applicable:
Explain why you think the abusive person is asking for a restraining order. Maybe it’s because you left them, or they’re trying to get custody. It could be based on the fact that you got a restraining order on them. If you have any information on why they are doing this, tell the judge.
If you are the victim of domestic violence, tell the judge your history of abuse. Bring pictures, medical records, police calls, etc. If you don’t have these things, give details about what your abuser did to you.
However, if your abuser has physically hurt you, tell the judge. Also, let them know if you’ve never tried to hurt your abuser back.
If you’ve never tried to scare the other person, let the judge know. Also, if you’ve never forced sex on your abuser, tell the judge. If there is a restraining order against you, these questions may arise.
A judge should only file a protective order against both of you in certain situations. It applies if both of you are in danger from one another. If that’s the decision, the judge will write down their findings. Ask for a copy and talk with your lawyer about appealing the judge’s decision.
You Are Not Alone
Reach out to an advocate group as soon as possible. It is difficult to stand up against your abuser, and advocates can help. Having a voice outside of your relationship is extremely useful. They have experience helping others and want to help you, as well.
If you or a loved one has been arrested and needs help, call Blackman Bail Bonds.