Legal courts issue a tentative restraining order (TRO) or protection order on the grounds of any domestic violence towards a family member. Domestic violence laws widely vary from one state to another. But, in general, a parent may lose contact with his children if the courts issued a TRO against him.
In some cases, however, one party falsely accuses the other. The Law Offices of Ian S. Mednick says that many abuse this order, using the opportunity to gain sole custody of a child or complete occupancy of a home. If you’re a victim of wrongful issuance of a TRO, you must know how to defend yourself against it.
Work with a Skilled Lawyer
When dealing with a TRO, it’s necessary to get assistance from a lawyer. Legal practitioners can help you familiarize with the essentials and guide you through specific steps of the process. Make sure you hire a competent lawyer who has an extensive experience and good track record in dealing with such cases.
Focus on your defense and start gathering facts that can help your case. Collect evidences or records related to any instances the petition refers to, including emails, letters, videos, documents, and all other essentials. Also, talk to people who can testify that what the other party accuses you of is not true.
Stick to the Do’s and Don’ts
No matter how strongly you believe that you have a solid defense, avoid disobeying the TRO. Endure the difficulties of not seeing or talking to your children in the meantime because you may just make things worse if disobey legal restraints. Play it smart because even the slightest error can cost you the case.
If you get a hold on evidences that you think may hurt your case, don’t destroy them. This may only cast suspicions and can lead to criminal charges. Don’t try to talk to the other party and their witnesses in an illegal way. The petitioner can bring up these mistakes in court and solidify their claims.
Dealing with a protection order is a serious matter. Avoid getting around the case and doing things on your own without thinking it over. Value the counsel of your lawyers and follow their instructions.