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How To Fight an Unfair Protective Order

Protective orders are meant to be a safety precaution for victims of abuse, stalking, or other dangerous situations. Unfortunately, they aren’t always used for that. On occasion, someone chooses to take out an order of protection even if they don’t truly need one. If you are dealing with a jealous ex, a former friend, or someone else who has an unfair protective order against you, there are steps you can take to fight it.

Gather Any Evidence

Most of the time, protective order cases are situations of “he said, she said.” However, if you do have evidence that the accusations against you are false, bring what you can to the court date. For example, if someone claims you are harassing them via the phone, bringing your phone bill can prove you didn’t call them. When you do bring documents to the courtroom, bring at least three copies. You should have one, the person you’re going to court against, and the judge should all have one.

Show Up to Court

The easiest way to ensure someone keeps their protection order against you is to not show up at court. Hiring an attorney to help you fight a protective order Fairfax and showing up to your court date is essential. It is also important to read the papers you were served and ask your attorney to help you file a response. If you don’t, the court may not consider your arguments during the hearing.

Obey the Protective Order

Always adhere to the guidelines in the protection order before your hearing. Making contact with someone listed in the restraining order before your hearing will likely result in criminal charges being fired and is likely to result in a permanent restraining order. Keep in mind that you may need to adhere to special guidelines for the duration of the protection, such as forfeiting firearms to law enforcement.

If someone has taken out a protection order against you, it is important to know your rights and fight the order. By hiring an attorney, you can make the best decisions to protect yourself and your reputation.

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