Auto Accident Law 101

4 Steps For Challenging A Protective Order Against You

16 December 2019

Everett Cook

When a person causes harm to another person, they have every right to have an order of protection awarded in their favor. However, there are instances when an awarded order of protection might not be warranted. In these types of incidents, the person on the receiving end of the order does have the legal right to contest it.

1. Follow the Order

You must follow the order that has been put in place. Whether or not the order is justified is less important right now. What is more important is that you remember that the order is the law, and you must abide by it. So, whatever the order prohibits you from doing — don't do it. If you violate the order, it makes it harder to prove that you are not guilty as charged, in that if you're willing to violate the law, you're also likely willing to violate someone else.

2. Collect Objective Proof

You want to collect as much objective proof as you can. When you challenge a protective order, your goal isn't exactly to prove that you are innocent but more so to prove that what the other person said about you is false. If you can expose their untruths, you will, by default, prove your innocence. For example, if the person who obtained the order said you were showing up to their home at night, but you work nights, show proof that you were at work.

3. Remain Calm

It's hard to stay calm when someone accuses you of something as horrible as intentionally wanting to cause harm to another person. However, it's important that you remain as calm as possible. Remember, the goal is to make the person who requested the order look questionable. If you're overly aggressive, it will only make their story about you seem that much more credible. Let the attorney fight on your behalf; you just stay calm.

4. Gather Evidence for the Backstory

Typically, unjustified protective orders are always the result of an underlying issue. If you can gather evidence to tell the courts about the backstory, you can help your case. Some of the common backstories are cases of a jealous ex or disgruntled business partners or coworkers. A text with the other party saying they're going to seek revenge against you is a great piece of evidence that can help fill the court in on the entire story.

If you believe a protective order was issued against you unjustly, speak with a law firm like Roseline D. Feral Attorney at Law.

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