You’re in the middle of a difficult divorce. Emotions are running high, and then, out of the blue, you’re served with a protective order. Shocked and confused, you read through the document only to insist the accusations are false. You’ve never acted violently or threatened your spouse or the kids, yet here you are.
Facing a protective order filed by your spouse during a divorce can be a distressing experience, whether the reasons for it are justified or not. If you find yourself in this situation, here are a few helpful tips from our team of attorneys.
Follow These Tips If You’ve Been Served With a Protective Order
Stay calm and follow the order
The first step is to stay calm and do what the order states. Confronting your spouse or losing your temper can worsen things, and any bad behavior might be used against you in court. Even if the claims are false, you must follow the protective order. Breaking it can cause serious legal problems, no matter how innocent you are.
Gather strong evidence
If you believe you’re innocent, collect evidence that proves it. Save texts, emails, and other communications that support your side. Take notes on any interactions with your spouse. If there are witnesses who can confirm your good behavior and disprove the accusations, their statements can be very beneficial.
Talk to an attorney
Consult an experienced attorney right away. A lawyer understanding protective orders and divorce can guide you through the legal process. They’ll review the order, challenge the false claims, and represent you in court. Your lawyer can file a legal motion to dismiss the order or request a hearing to present your evidence.
Go to all court hearings
Being prepared and having a lawyer shows that you’re serious about resolving the issue fairly. If the protective order is used in your divorce case, your lawyer can help ensure it doesn’t unfairly affect custody or property decisions.
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Please consult an attorney for advice about your situation. The material on this website and in this or any blog article we publish are for informational purposes only and do not constitute legal advice. The attorneys at Christman | Daniell Attorneys believe in tailoring legal advice and solutions to your circumstances.
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