How Your Partner May Abuse A Restraining Order Against You
A restraining order is useful in keeping an abusive and violent person away from his or her potential victim. However, just like other legal provisions, there is potential for its abuse. Therefore, if your partner (or any other person) is seeking a restraining order against you, then you should be on the lookout for its abuse. Here are three ways in which a person may abuse a restraining order:
Using False Information to Get the Order
If somebody is out to make your life difficult, then he or she may use false information to get one against you. After all, many courts issue temporary restraining orders without holding hearings first. Even for a permanent order, you may only have a week or so to prepare your defense. Therefore, if your partner has been planning the assault for some time, it's possible that he or she may get away with it, at least for a short while.
Placing You in a Position of Violating the Order
Even a legitimately issued order may be abused. For example, your partner may place you in a difficult situation by intentionally coming to where you are so that you appear to be breaking the order. For example, he or she may frequent your favorite restaurant, relaxing spot on the beach, or your bar. If your partner does this for a long time, and with some consistency, then it's possible for other third parties to believe that you are seeking contact (violating the order) with your partner.
Constantly Harassing You
Since restraining orders may be used to protect victims (or potential victims) of violence, the system is designed to err on the side of caution. This is particularly true if the holder of the order is perceived to be physically weaker than the perpetrator. For example, every time the holder of the restraining order alleges that you have violated the order, the authorities have the power to arrest you. The issue of evidence, or lack of it, is sorted later. Even if it turns out that there wasn't a strong case for your arrest, for example if you were on the fringe of the allowed distance.
If there is a restraining order against you, then it's in your best interest to obey all its provisions. Do this even if you are convinced that the holder of the order is abusing it. The only way to fight the order, and this is possible, is to get an aggressive attorney to tell the court your side of the story.
For professional legal help, contact a company such as Watson Law Firm.