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Is it possible to dispute a restraining order?

Restraining orders can be very serious and are usually not requested unless there is a reasonable purpose to do so.  But many times, restraining orders are not based on facts and could be traced to unfounded paranoia that may never come to fruition.  If someone has made up false allegations against you to obtain a protection order, it may just be used as a tactic to swerve opinion or move control of a situation to the person filing the complaint. The good news, you can dispute it.

You may receive a restraining order if your spouse just wants you out of the house during divorce proceedings or if they want to gain control of the children. It may just be their way of being on top of the marital assets without you being around. It has happened many times that a restraining order is misused to gain an advantage during, or just prior to a divorce with no real signs there is a victim.

If you receive a restraining order against you, here are some of the first steps you should take:

Understand what the order is saying

There are different kinds of restraining orders with many different provisions in each one. Read through the whole order to get the full scope of why you received it.

Review the order for what is not accurate and get objective proof

You may see that accusations of your conduct were made during a time you were at work, you can see if time cards, meetings or special circumstances can challenge that. If there is an allegation of phone harassment, cell phone records are an easy way to prove those calls did not happen.

Comply with the order

Besides the instruction for you to not be in contact the issuer of the order, there may be additional conditions attached to the order you need to be aware of immediately. You may have to surrender a firearm or not visit places where you both could be. These orders are usually temporary, but if you don’t follow the order you will most likely just be causing yourself extra problems in the future while challenging the initial order.

If you find yourself served with a restraining order, especially during divorce proceedings, just know you have avenues you can take to fight it. It is also worth considering that just because you received a restraining order doesn’t mean you can’t file one yourself. The one thing you do not want to do if you receive a restraining order, is not take it seriously.

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Thomas G. Fallis, P.A.
2064 Park Street
Jacksonville, FL 32204

Phone: 904-717-6684
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