What to do when a Temporary Restraining Order has been wrongfully filed
Full Question:
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.
