Domestic violence accusations can carry serious consequences and if an injunction is improperly granted/or improperly denied, it can deprive you or a loved one of certain constitutional rights or subject you to serious harm. In the state of Florida, a domestic violence lawyer has the ability to aid in challenging an injunction by submitting a petition to the court. If you or a loved one was served with a restraining order or arrested for violation of a protective order in Palm Beach County, our experienced protective order lawyer can help you defend yourself at your upcoming hearing.
Types of Injunctions in Florida
There are four different types of protective orders that can be granted in Florida, and the one you receive will depend on the circumstances in which you are being accused. A person can petition for any of the following injunctions:
- Domestic Violence: A claim brought against someone who has allegedly hurt a family member or household member.
- Repeat Violence: A claim issued in the name of a person who has been accused of assaulting or stalking another person two or more times.
- Sexual Battery: Pursued against a person accused of sexual battery.
- Dating Violence: Filed when a person is in a romantic relationship and the other individual claims they were the victim of violence.
What if a False Protection Order was Filed Against Me in Florida?
Although the majority of alleged victims who seek restraining orders in Florida do so for legitimate reasons, some are dishonest. Sometimes a person accused of domestic violence has not committed a crime at all, and the alleged victim may try to manipulate the system for a restraining order. They may do this to exploit a court's sympathy and sway the outcome of the hearing in their favor. False accusations can be made by a dishonest person for a variety of reasons.Usually, this is to affect things such as child support or custody/visitation rights. A common example of this is if a wife discovers her husband is having an affair, and the couple divorces. His actions do not meet the definition of domestic violence, but out of rage, she files for a restraining order, claiming domestic abuse. Here's another example: a person wants to evict a co-tenant but does not want to go through the long and costly eviction process, so they file for a restraining order to expedite their move.
When someone obtains a protection order against them on the basis of false charges, the alleged abuser frequently faces harsh penalties. It has the potential to permanently alter the life of a victim. To avoid the petitioner, they may have to relocate, adjust their daily lives, or miss time with their children. A false accusation can harm their reputation and lead to future criminal activity. The accused has the right to defend themselves, and they should do so with the help of a West Palm Beach domestic violence defense lawyer.
How to Fight a False Order of Protection in Florida
If you want to challenge the issuing of a Florida restraining order, you need to hire a lawyer to assist you in preparing your case. A domestic violence defense lawyer will have to gather proof in order to establish their client's innocence in court. They may have their client give their own testimony or call others to testify on their behalf in some cases.
Additionally, they may need to call an expert witness who is a neutral third party and a subject matter expert in their field. If they have it, the claimed abuser can also offer physical proof to back up their claim. A lawyer can use documents such as emails, letters, images, or text messages to demonstrate that the allegations leveled against them by the petitioner or accuser are incorrect.
Protection Order Lawyer in Palm Beach County, FL
If you are fighting false accusations related to a temporary or permanent protection order, you should contact an experienced West Palm Beach domestic violence defense attorney who understands how to defeat the false accusations and present your case. Contact us or call us at (561) 671-5995 to have your case reviewed promptly.