False Allegations and Emergency Ex Parte Restraining Orders
An Emergency Ex Parte Restraining Order is almost a given in a situation where the
father is falsely accused of either sexual abuse or domestic violence. It usually immediately follows the accusations. Many times you are not even aware it has been issued or is about to be issued. It can be totally one sided. You may not get a chance to defend yourself or even offer proof the accusations are not true. You need to know what can happen.
Be Aware of What Can Happen
You may think your Ex is a good person and would never do such a thing but the fact is she can easily lie. And if you are not there to tell your side of the story, who are the most likely to believe? It can be quite distressing for Fathers when they find themselves falsely accused and hit with a restraining order. How could it happen to them? Your first thought may be to say and do whatever they want, but this would be a big mistake. The main goal of the restraining order is to keep you from the kids and this can be devastating emotionally.
Don't Look for Help in the Lower Courts
Most of us have been taught you have to have proof to be accused of something. But this simply isn't true when it comes to Ex Parte Restraining Orders. She can lie and say what she wants and everyone from the police officer to the entire lower court system is most likely going to be on her side. Once the order is issued a new hearing is set. If a district court or higher court is involved in the order you need to understand it almost always prevents you from seeing the kids until the next hearing.
Knowing what to expect can help you deal calmly with the situation and keep emotional shock from making you helpless.
False Allegations and Emergency Ex Parte Restraining Orders