Litigating and Fighting False Accusations in Protection Orders. An Experienced Lawyer | Attorney’s Perspective
All four types of protection orders, Anti-Harassment, Domestic Violence, Sexual Assault and Elder Abuse, were created to serve legitimate purposes; however, they are not always filed for legitimate reasons. Protection Orders can be filed out of anger, revenge, malice, mental health issues, drug problems, control, or harassment. Parties, with the help of attorneys | lawyers, file protection orders bases on misstatements, exaggerations and false accusations to establish control in and out of the courtroom. Though we have general advice on how to Fight Protection Orders, when protection orders are predominately based on exaggeration and false accusations, it takes a lot more experience and work to prevail, and this must be done in a short time frame.
Understanding and Articulating “Why”.
The first and most important step in defending cases based on Misstatements, Exaggerations and False Accusations is knowing the “why”. Why would the other party do this? If your lawyer | attorney understands this, the rest of the case falls into place. What motivates the other party? What facts are not distorted, which ones are? What is the whole story? How is a judge or third party likely to understand it? What evidence is available? How can it be gotten? How do you and your lawyer best lay out your case? What points are best made and what ones are best left unsaid.
As lawyers | attorneys, we have handled a lot of these kinds of accusations in the civil setting, so we know from experience that answering “why” requires your lawyer to take the time to listen to all the facts without judgment while asking critical questions. Thoroughly investigated and prepared cases tend to win more than cases that are not.
Remember that though you may know all the facts of your story, your lawyer and more importantly the judge who will hear your case, do not. When another party comes at you with false claims that are often inflammatory, getting out of the “accused” seat and into the “accuser” seat takes real effort and knowledge of the case. Knowing all the facts, even the ones that seem inconsequential at first, is essential to defeating false accusations; as the old expression goes, “the devil is in the details”.
Mounting a Defense.
A complete and thorough investigation tracks down all the records of a case and allows your lawyer to build a case, attack the credibility of the other party and their witnesses and arrange your facts and witnesses into a credible story. We have seen strong accusations crumble under a thorough investigation and counter-presentation … we have also seen the court willing to realign the parties (the roles are switched and the accused becomes the accuser) based on a thorough presentation of the facts, cross examination and argument. The key is to take the time to properly prepare and then know when to speak, when to wait and when to be aggressive. Cases are won and lost on facts but they can also be won and lost based on the quality of the lawyering. Do not be caught unaware. If you are going to fight a Protection Order, fight to win.
Over the course of our lengthy legal careers, our lawyers | attorneys have litigated and fought a wide variety of complicated and emotionally tangled disputes, familial disputes, abuse, harassment and sexual behavior cases in the legal arena. Our office is a unique blend of courtroom experience, knowledge, skills and temperament. Our lawyers know cases are rarely as simple as police reports or accusations claim. Our clients hire us because they want trained listeners who are staunch, uncompromising and effective. They want counsel who takes the time to listen and fight vigorously for the right result. Whether acting in our role as counsel, advocate, negotiator or litigator, we have years of experience manipulating, working and fighting to resolve cases with our clients’ best interests in mind.