subject: False Allegation Restraining Orders and Tips for Appealing [print this page] It can be a nightmare when you are a father falsely accused of either domestic violence or sexual molestation. You may think it can never happen to you. But, the fact is, it happens often to those who would never dream it would. A restraining order almost always follows the accusation. But there are things you can do to help with the appeals process. Here are some of them:
Stay calm. Panicking will not help and this is probably what they want to happen. If you panic, you are more likely to give in. If they can upset you and keep you from thinking clearly, they have done their job.
Due process is your right demand it! In order for any of your liberties and rights to be taken away, due process is required. The procedural due process is often completely ignored when restraining orders have been issued. You can prevent that from happening when you demand the rights due you and granted you by the Constitution.
Know you own state laws. This is critical. No one is going to educate you like you. Many states have Domestic Violence Protection Acts that are in place to keep people from being falsely accused. Even if you state doesn't have such an act, you can use one as a guideline and recommendation to the courts.
Document everything in writing. Dates, times, transcripts keep track of it all. This is crucial to a solidly written rebuttal and petition for your rights and as a stand against the allegations.
Restraining orders must be obeyed. Never disregard a restraining order--period. Many times the Ex will do or say something to try and get you to violate the order, often hoping you will, just to see you get in trouble. Do NOT do it! Not ever, no matter what.
Be willing to go to battle. You do not have to let these allegations stand. You can, and should, fight back. Take the steps that are needed to fight back calmly and legally. If you are issued a false allegation restraining order, know your rights and what you can do to get them back.
False Allegation Restraining Orders and Tips for Appealing
