How To Get A False Restraining Order Thrown Out In Pasco County, Florida
It’s not uncommon for one spouse to allege violent behavior in order to hurt the other spouse or to get the upper hand in divorce proceedings.
Temporary restraining orders, which are also called injunctions for protection against domestic violence, are in many cases issued when there is not a need for them. This is because the courts tend to err on the side of caution, and may believe that it’s better to provide more protection than is necessary than to give no protection at all to someone who is in need.
In order to get a temporary restraining order in Pasco County, Florida, your spouse or partner would have had to have filed a petition in court, and the judge can issue the order based on the petition. The judge does not have to hear you or your husband testify. Therefore, if they put a lot of lies into the petition, it’s likely the order would be granted without hearing your side of the story. However, the temporary restraining order is only in effect for a certain number of days, and will not last longer than 15 days.
Your time to speak up will be at the hearing on the final injunction for protection against domestic violence. At that hearing, you can speak up and explain your side of the story. You can mention that you believe they are trying to hurt you, and that you are not violent.
In this situation, you should speak with an attorney. If things progress and they are able to get a final injunction against you, this restraining order could affect your custody rights to your children. It’s better to fight these issues at the outset, rather than trying to overturn them later.