Due to the prevalence of domestic violence and wanting to protect victims of domestic violence from further acts of violence, many jurisdictions provide an expedited pathway for victims to seek relief through the civil court system. They can often obtain a restraining order or protective order quickly with limited proof through an ex parte process that doesn’t allow the accused to be involved in the process. Such protective orders can order accused people from their homes, limit their custody rights, and impose other severe protections.
To avoid these serious consequences, follow these steps:
Take the Allegations Seriously
Don’t think that just because you didn’t commit the acts the alleged victim has accused you of that the case will disappear. False accusations can lead to criminal charges, the issuance of a long-term protective order, negative effects on your child custody rights, and damage to your relationships. Take the allegations seriously, and respond appropriately.
Respond to the Restraining Order
While the initial order is typically temporary, you can defend yourself against the issuance of an extended order. When you are served with the order, carefully review the terms of the document. Note any restrictions and follow the terms. Also, note the date for any scheduled hearing where you can contest the issuance of a longer order. Some jurisdictions may require you to request such a hearing.
Don’t Contact Your Accuser
Do not contact the person accusing you of domestic violence. Doing so could be construed as a violation of the restraining order and subject you to additional penalties.
Preserve Evidence
Begin gathering any evidence that you think could prove that the allegations are false, such as:
- Cell phone call records
- Text messages
- Social media messages
- Pictures
- Videos
- Letters
- Emails
- Police reports
- Medical records
Also, create a timeline of events while the details are fresh in your mind, including any arguments you had with the accuser or threats that they made. Include your actions and experiences during the days leading up to the false allegations. Consider any motivations that the accuser may have to make such allegations against you, such as ongoing child custody disputes or a desire to kick you out of a shared residence.
Make a List of Potential Witnesses
Write down a list of people you think could be beneficial to your case, such as:
- Witnesses who observed the actions involving the alleged incident
- Character witnesses who know you and your values
- Alibi witnesses who can say you were somewhere else when the alleged actions occurred
- Witnesses who know the violent nature of your accuser
Don’t Have Interviews with Police Without a Lawyer
While some domestic violence cases stay in civil courts, others result in criminal charges. If police ask to interview you, don’t agree to this without having a lawyer present.
Hire an Experienced Attorney
Hiring an experienced domestic violence lawyer is the most important step that you can take. Attorney Elaine E. Lukic formerly worked as a domestic violence prosecutor, so she has an in-depth understanding of how the other side prepares their cases and how to devise an effective defense. Contact The Law Offices of Elaine E. Lukic at (888) 565-2217 or fill out our contact form to arrange a confidential consultation.