Being accused of something you didn’t do is always a frustrating experience. This is especially true when the false accusation involves protective orders or criminal charges. Let’s discuss what you can do if someone has filed for a protective order against you based on false claims of violence.
Motivations for Making False Claims
When people are upset, they often do things based on emotion rather than logical thought. Unfortunately, these knee-jerk emotional reactions are the reason for many false claims of domestic violence, stalking, and other violent acts.
Individuals may file for a protective order based on false claims if:
- They are angry at you
- They seek to have some control over you
- They want to hurt your credibility
- They want to sway divorce and child custody decisions
- They want revenge
- They suffer from mental health issues
- They suffer from substance abuse
While some of these reasons are more sympathetic than others, there is never a reason why someone should be labeled as a threat when they have done nothing wrong.
Contesting the Protective Order
Having an active protective order against you is a stressful experience. You may wonder who can find out about it, what others may think of you, and if you’ll eventually face charges. Luckily, you have rights. When you’ve been falsely accused of violence, you can take action to contest the protective order.
Generally, an initial emergency protective order will be granted. If the petitioner wants to move forward with a more permanent order, there will be a hearing. At the hearing, you will have a chance to explain your side of the story. This is when you can explain that the petitioner is making false claims and present evidence to support your case.
Steps you should take to prepare for the hearing include:
- Hiring an attorney: An attorney can help you throughout the case by collecting evidence, contacting witnesses, communicating with the court, and otherwise providing necessary legal guidance regarding your case and how to get the best possible result.
- Staying offline: This is a crucial step that many people forget. Do not discuss the details of the protective order, court dates, or any other information regarding the alleged offense online.
- Don’t reach out to the petitioner: Do not reach out to the person who has the protective order against you, even if you think it will help the situation. It is a violation of the legal order. Additionally, you should refrain from contacting anyone close to the petitioner. Be patient and wait for the matter to be handled in court.
- Collect evidence: Collect any evidence you think could help your case. This could be an alibi, text messages, witness statements, or any tangible proof that you did not threaten or harm the petitioner in any way. You may also look for evidence that supports your claims of the petitioner’s ulterior motives.
Can The Petitioner Be Punished For Making False Claims?
If the courts rule in your favor and believe that the petitioner made false allegations against you, you may be wondering if there will be any further actions taken as punishment.
Technically, it is possible that the petitioner could face criminal and civil consequences. Depending on the circumstances of the accusation, they could face misdemeanor charges for false reporting of events to the police or even perjury.
Additionally, you may choose to pursue compensation through a civil lawsuit against the petitioner. The basis would be that the false accusations were damaging to your well-being, and you want to be compensated for the trouble and emotional trauma.
Chicago Defense Against Protective Orders
If you were recently notified of a protective order against you, you probably have a lot of questions. This is especially true if you don’t believe there was an incident that would warrant such an action. When it comes time to defend yourself at a formal hearing, The Toney Law Firm, LLC can help. We want to help prove that the petitioner is falsifying information and has ulterior motives for obtaining a protective order against you. Discuss your situation with our team today by calling (888) 473-4058 or click here to request a consultation.