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Domestic Violence
What to do when a Temporary Restraining Order has been wrongfully filed

What to do when a Temporary Restraining Order has been wrongfully filed

Full question:

My wife filed a temp protective order against me. I have no history of harm or abuse to my kids or wife the only two police responses were me calling when my wife was getting in my face. the other time was I went to my house prior to the protective order and she changed the locks and prevented me from seeing the kids. I did not know if she or the kids were ok and safe. now i can not legally see them because she says she thinks i am going to kill them, her and myself. court on the 17. how can she just say i am going to kill and they put an order on me. what is her consequence for lying plus telling the kids I am going to kill them, and moving her new boyfriend into her house before the kids get a chance to adjust to their daddy being gone. Please help. my wife is getting free legal when i am the one that caught her cheating leading to events of my filing divorce and she filed the protective order when the two times I called police due to her behavior.

Category: Domestic Violence
Date: 04/07/2025
State: Washington

Answer:

The matter will be a subjective determination for the court, based on all the facts and circumstances involved. "Fear of harm" is an extraordinarily subjective standard and one that may be very difficult to fight. A raised voice or a raised hand or any gesture that is interpreted as threatening may be used to claim that domestic violence has occurred. This situation is more difficult for men, who are often larger than women and perceived as more aggressive or stronger, based on broad societal generalizations that may be reflected in the perceptions
of both law enforcement officers and judges.

If an innocent party has been falsely accused of an act or acts of domestic violence, competent legal counsel should be sought immediately. Pro se representation should be avoided if at all possible. In choosing an attorney to defend against a false domestic violence claim, special care must be taken to ensure that the attorney is well-versed and experienced in this area of the law. It is extremely difficult to get rid of a Final Restraining Order once one has been entered without the purported victim's consent.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you know if there is a protective order against you?

You can find out if there is a protective order against you by checking court records in your local jurisdiction. Many courts provide online access to case information. You may also receive a copy of the order directly from the court or through law enforcement if you have been served. It's important to stay informed, as violating a protective order can lead to serious legal consequences.

What is a no unlawful contact order of protection?

A no unlawful contact order of protection is a legal directive that prohibits one person from contacting another. This can include direct communication, indirect communication through third parties, or being physically near the protected person. These orders are often issued in cases involving domestic violence or harassment to ensure the safety of the individual seeking protection.

What is a false protective order?

A false protective order is a legal order obtained through deceit, where an individual falsely claims to be in danger from another person. If you believe a protective order against you is based on false information, it's crucial to gather evidence and consult legal counsel to challenge the order in court. False claims can have serious legal repercussions for the accuser.

How does a no contact order work with kids?

A no contact order can include provisions regarding children, often specifying who can have contact with them. If you are subject to a no contact order, you may be prohibited from seeing or communicating with your children. It's essential to understand the specific terms of the order and seek legal advice if you wish to modify it to ensure your parental rights are protected.

What is stronger than a restraining order?

A permanent injunction or a domestic violence protection order can be considered stronger than a temporary restraining order. These orders provide long-term protection and may include more comprehensive restrictions on contact and behavior. The strength of any order depends on the specific circumstances of the case and the legal statutes in your state.

Can I file a restraining order on someone who filed one on me?

Yes, you can file a restraining order against someone who has filed one against you. However, it's important to have valid grounds for your request, such as evidence of harassment or threats. The court will evaluate both orders based on the evidence presented. Consulting an attorney can help you navigate this process effectively.