Domestic violence is a serious problem in Texas and throughout the country. The purpose of a protective order is to help a domestic violence victim get away from their abuser and stay safe.
However, the unfortunate reality is that sometimes a person makes false allegations to get a protective order. There are various reasons people make false allegations, such as trying to gain an advantage in custody proceedings or just to get a partner out of the house.
Types of protective orders
There are two types of protective orders in Texas. The first type is a family violence protection order, and the second type is a sexual assault, stalking and human trafficking protective order.
A family violence protection order requires evidence that you committed a violent act and are likely to do so again in the future. A sexual assault, stalking and human trafficking protective order requires evidence that you engaged in any of these activities.
A protective order has serious consequences
Having a protective order entered against you can have a major impact on many areas of your life. You may lose out on time with your children or be forced out of your home.
You may also face irreparable damage to your career or reputation. Your family and friends may never think of you the same again, even the charges are eventually proven false.
Therefore, it is important to take an aggressive approach to defending yourself against domestic abuse allegations.
Make them prove their case
The alleged abuse victim must provide direct evidence of the abuse, which should be more than simply their testimony. You may deny the allegations, however, the judge may still rule against you if they find the alleged victim’s testimony more believable.
Demand additional evidence, such as photographs, medical records, phone records or text messages. A lack of this type of evidence strengthens your argument that the allegations are false.
You can also present your own evidence of the alleged victim’s real motive for filing the protective order, such as ongoing custody litigation, a pending divorce or a recent breakup, fueling a need for revenge.
Defending yourself against domestic abuse charges is not easy. Experienced criminal defense attorneys create strong defense strategies and provide valuable advice.