Can an Order of Protection Be Filed Against Me Without Proof of Abuse?

 Posted on October 30,2020 in Criminal Defense

An order of protection, more commonly known as a restraining order, is used to protect victims of abuse, abusive threats, stalking, or assault. These legally binding documents require someone to keep his or her distance from the filing party and anyone else listed on the order. This often includes mothers and their children, keeping fathers from speaking or interacting with their kids. In cases where threats or abuse are present, the court-mandated order is warranted to keep everyone safe. However, what about instances when the filing party is simply trying to restrict the kids from seeing their other parent? Unfortunately, these instances do occur, especially after a contentious divorce. In cases like these, BRCK Criminal Defense Attorneys is here to help.

What Must Be Shown to Obtain an Order?

There are a few different types of protective orders in Texas, each of which offers its own level of protection. Depending on the type of order being requested, different types of proof must be shown. For a family violence protective order, the filing party must show that violence occurred and that it will likely happen again in the near future. For those seeking a stalking, sexual assault, or human trafficking protective order, they must show proof that any or all of these actions occurred.

What Kind of Evidence Does This Include?

There are multiple ways in which the filing party can show that he or she has been a victim of abuse or assault. Below are some examples of evidence that may be used in your case:

• Verbal testimony from the filing party or other witnesses

• Dated pictures or videos showing injuries

• Medical reports of these injuries

• Police reports that document when they called the police

• Photos of your house in disarray after an episode of violence

• A personal diary that documents instances of abuse

As you can see, the evidence listed above can easily be forged by the filing party in order to obtain an order of protection. The injuries presented may be from a different party or accident, the photos of disarray may be staged, and the personal diary is just one interpretation of the event. Because of the he-said, she-said nature of these cases, it is imperative that you have a criminal defense attorney defending you throughout the proceedings. Obtaining an order of protection can easily sway the court on future decisions regarding child custody, visitation, and more. Even if you do not intend on seeing the filing party again, being able to spend time with your kids is enough to warrant a defense.

Contact an Atascosa County Criminal Defense Lawyer

Cases involving domestic violence and abuse are especially sensitive and can be tricky to navigate from a defense perspective. Cases like these can leave a stigma on the accused party, even if the charges are dropped or found to be false. The legal team at BRCK Criminal Defense Attorneys firmly believes that you are innocent until proven guilty and we are dedicated to defending this right. With over 40 years of combined experience in criminal law, our attorneys are prepared to formulate a strong defense on your behalf, regardless of the charges against you. If you are facing an order of protection and are looking to defend your case, contact our Jourdanton criminal defense lawyers at 830-769-1010 to schedule your free consultation.

Sources:

https://www.thehotline.org/resources/building-your-case-how-to-document-abuse/

https://www.texasbar.com/AM/Template.cfm?Section=Family_Law2&Template=/CM/ContentDisplay.cfm&ContentID=23440