Defend that Restraining Order! Fight Back!
Even if a Temporary Restraining Order is entered against you, YOU CAN STILL FIGHT AND WIN IN COURT (in any state)!
But, if you do nothing, you will lose. If you want to learn how to fight against a restraining order, continue reading this article.
If you have recently been served a temporary restraining order, then you understand how upsetting it is. But, you may not yet fully appreciate how serious this nightmare could get. Consider the top five problems that a restraining order will cause you:
Perhaps one of the biggest problems that you will face with a restraining order is that it will be a part of your record. Not just any record. It will be a permanent part of the public record in your state court system. These records are completely open to the public and will be forever. In most states, any person can simply log on to your court’s website and see that there is a restraining order against you. The consequences of this could be devastating. This restraining order is going to appear on background checks that are regularly done by employers and prospective employers. Of course, the record can be searched by anyone with a computer, like your family and friends. Today, many people are even looking at public records before beginning a dating relationship with someone. And once the record is there, it is going to stay there and label you as an abuser.
There is a federal law under the Violence Against Women Act that prevents a person with a domestic violence restraining order against him or her from possessing a firearm or ammunition. There are also numerous state laws that do the same thing. In many states, there is also a provision in the standard order that prevents the respondent from possessing a firearm. As long as the order is in effect, you will lose your right to possess a gun. If you have a permit to carry a concealed firearm and a full restraining order is entered after the hearing, you are going to lose your permit. If you were thinking about getting a permit to carry a gun and a full restraining order is entered against you, you can forget about it. This applies to long arms and pistols. You will not even be allowed to hunt with a muzzle loader.
One of the major reasons that people file for restraining orders has nothing to do with needing protection or being afraid of someone (no surprise there). Many people file these restraining orders for no other reason than to gain an advantage in an upcoming custody dispute or divorce. And it works for two main reasons. First, the restraining order will probably include a provision to grant the petitioner temporary custody of any children. That temporary custody order will be in effect until the divorce or custody case is heard and it is difficult to get a judge to change custody once it is in place. Second, if a full order of protection is entered against you, you will be labeled an abuser. No judge wants to risk giving custody of a child to an abuser. In fact, if that full restraining order is entered, you might even end up getting supervised visitation. Imagine only getting to see your children under the watchful eye of a government social worker.
When there is a restraining order against you, you are the “bad guy.” You are the one that is going to be arrested if there is ever a fight between you and the petitioner. But, you could be arrested for something far less than a fight. You could be arrested for simply being near the petitioner. Imagine going to the grocery store and the petitioner randomly being there and seeing you. She could call the police, claim you were following her and get you arrested. Or worse, she could start a confrontation with you that would end with you going to jail. The police are going to take the petitioner’s side of any dispute and they will arrest you. You will then be facing criminal charges whether you intentionally violated the order or not.
Your reputation is at stake. The petitioner is going to brag to your friends and family about getting a restraining order against you and the paperwork is going to give her credibility. But that is just the tip of the iceberg. The next time you apply to rent an apartment, you may find yourself reading a pleasantly written denial letter. More and more landlords are checking court records of prospective tenants. If your name comes up with a restraining order, you can forget about that apartment. Employers from every employment sector are also becoming more sophisticated in their selection process. Many are already running court data base checks and, in the near future, nearly every employer will. The good news is that the restraining order will not appear on your credit report. So, you will still be able to get credit cards and loans; unless, of course, you are ordered to pay the court costs for the restraining order. If you are ordered to pay the court costs and you do not pay them, then you can expect that debt to appear on your credit report. A reputation is a very precious thing and you need to protect yours.
However, there is hope!
You can stop all of this from happening. You can protect your rights and reputation. I practiced law for years and appeared in hundreds of restraining order cases. I also watched many more cases from the sidelines in the courtroom. I have seen many petitioners win when they should have lost and I have seen many respondents lose when they should have won. And I always paid attention to what each side was doing so that I could represent my next client better. What I learned may surprise you. I learned that the most successful tactic to fight a restraining order (whether the allegations were true or not) had little to do with the facts of the case or the law or the hearing process. It is so effective that it drives the domestic violence social workers mad.
But, that is only one tactic to defend your restraining order of protection case. If that tactic cannot work to win your case, you simply learn and execute another tactic. As they say, there is more than one way to skin a cat. Likewise, there is more than one way to fight and shut down a restraining order of protection. In fact, I have learned eight ways to fight any restraining order case in any state. These tactics are powerful. Some of these tactics will even remove the authority of the judge to enter an order. You think this is impossible? Well, I can assure you that I have used these tactics and beat restraining orders for my clients. And, frankly, there were times that I won and should have lost. I am not proud of that fact. But, it is a fact. You can fight and defeat any restraining order.
Your lawyer (if you choose to hire one) will not be able to use all of these tactics. Some of them require you to act. And your lawyer is not going to want to use some of these tactics. But they work. I am not saying that you shouldn't hire a lawyer. In fact, some of these tactics are most effective when done by a lawyer. However, there are a couple of tactics that a lawyer is simply not going to mention or use. Actually, most lawyers will not even think about some of these tactics, even though they work and work well.
I have taken the time to put all of my eight tactics into an easy to read guide called Fight Back Now: Guerrilla Tactics to Defend against Restraining Orders. This guide is complete with sample forms to file your motions to continue and motions to dismiss. It also includes links to every state's law regarding restraining orders; orders of protection; personal protection order; domestic violence order; stalking orders; or what ever they happen to be called in your state. This guide is going to give you all the little details on how to fight your restraining order case and win.
Other lawyers, judges, and victim services workers accuse me of giving away too many court secrets and protecting wife-beaters. They argue that I am cruel to put these defense tactics in the hands of people that will use them to prevent a judge from entering a restraining order of protection. They say that if someone is falsely accused, they can hire a lawyer and they will win. In an ideal world, I would agree with these critics. Unfortunately, I do not live in that ideal world and life isn't that easy. The reality is that many people simply cannot afford to pay a large retainer to hire a competent attorney. When I was accepting these cases, I charged a modest initial retainer of $500. But even that was more than many could afford. If you are in that position, I urge you to not simply roll over and let the petitioner and the court machine trample on your rights and destroy your reputation without a fight. Through Fight Back Now: Guerrilla Tactics to Defend against Restraining Orders, I can stand with you and empower you to fight your restraining order of protection and win.
If you have already hired your lawyer or are going to, great. Just make sure that your lawyer puts up a fight for you. I have seen too many lawyers take their client's money and then convince them that they need to enter a consent order. A consent order is an order that is entered without a hearing with the permission of the accused. There are times when a consent order is appropriate. But, those cases are the exception. Fight Back Now: Guerrilla Tactics to Defend against Restraining Orders will tell you exactly when a consent order should be considered a victory. Don't let your lawyer convince you to consent to an order without knowing for sure that it is the right thing to do.
Also, be certain that your lawyer is using every tactic possible to fight your restraining order. Many lawyers will do an appropriate investigation, subpoena witnesses and have a hearing. But, a hearing should be the last resort to winning your case. It should not be your only game plan. Once your case goes to the hearing; it is out of your hands and completely up to the judge. I encourage you to make sure your lawyer is doing everything possible to win your case before you get to the hearing. Fight Back Now: Guerrilla Tactics to Defend against Restraining Orders will give you the tactics to win before the hearing.
Some well-intentioned people have argued that I should not publish this material because no one would be seeking a restraining order of protection if they didn't really need one. Unfortunately, that is simply not true. There are many reasons why people request orders of protection when they do not really need one and every domestic relations lawyer will admit this. For example, many people use the restraining order laws to gain an advantage in a divorce case, especially when child custody is an issue. It is much more difficult for a judge to grant custody or visitation to a person that has an order of protection against him. People also request restraining orders of protection as a way of getting revenge. This is true even though the law says that restraining orders are only to be used to protect the "victim." Yet, these unethical motives work for the petitioner to achieve her goals (whatever they may be). Fight Back Now: Guerrilla Tactics to Defend against Restraining Orders will even the playing field. A respondent will learn how to fight back and win.
Being labeled a "stalker," "abuser," or "wife-beater" is one of the most degrading things that can happen to a person. Yet, it is routinely done with little to no consideration of the consequences to the falsely accused. This does not have to happen to you. Your case can still be won, even if some (or all) of the allegations are true.
Your hearing date has already been set. If you are going to win, you need to start working on your defense now. Don't wait. The longer you wait the less chance you have of winning.
You can download Fight Back Now: Guerrilla Tactics to Defend against Restraining Orders to your computer immediately for only $39.90.
Download it immediately and fight your restraining order!
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