The Best Guide To Sue For False Restraining Order
Nathan received a false restraining order from his ex-wife, Jessica, who claimed that he had abused their children. Then, Nathan challenged the order in court, and Jessica’s claims were found baseless. As a result, Nathan was awarded custody of his children, and Jessica was fined for false accusations and defamation.
A false restraining order can be more damaging than just restricting your access to your loved ones. If you’ve been falsely accused, you should sue for a false restraining order to protect your reputation and eliminate the risk of a dent in your future employment prospects.
This article will deep dive into the standard procedure of suing for false restraining orders. We’ll also show you how to sue anyone in small claims court with DoNotPay.
What is a Restraining Order?
A restraining order is a court-backed command that compels you to take a specific action. Restraining orders can be used to:
- Prevent your access to a particular area
- Revoke your permission to carry certain items in your possession (e.g., a gun)
- Stop you from being in the company of a person or a group of people
Usually, a restraining order can be received from the police or the clerk at your local county court. It is mostly obtained ex-parte (without the permission of the person it is served against) and all you have to do is explain to the court why you need the protection and the specific abuse or harassment that has necessitated the need for the order.
Types of Restraining Order
There are three different types of restraining orders that you should know:
Temporary Restraining Order. These are restraining orders that last anywhere from 24 hours to 14 days, depending on the state. They can be issued by a police officer who may have witnessed domestic violence or at a county court by a clerk.
Emergency Restraining Order. This is called an emergency ex-parte order in some states and it is an extension of a temporary restraining order. An emergency restraining order will require that you provide:
- Your name and address
- The address of the defendant
- The location where the incident occurred
Final Protection Order. You are required to appear in court with the defendant for a final protection order. You are expected to convince the judge with credible evidence of your claim. The hearing for a final protection order is usually scheduled two weeks after filing an emergency restraining order.
Why You Should Sue For a False Restraining Order
Here are seven reasons why you should file a lawsuit upon receiving a false restraining order:
- You’d be liable to a fine depending on the state you live in.
- You may likely vacate your house if you already live within the area cordoned by the order, so as not to violate it.
- You automatically lose your gun possession license.
- There is the risk of probation including being under constant supervision and community service,
- Your future employment chances become slim because your name will be added to the publicly available National Domestic Offenders Registry, and employers may not want people with such records.
- You may be separated from your properties, your kids, or your relatives.
- You may face social stigma and mental health issues because society tends to believe the accuser until proven otherwise.
How You Can Sue For a False Restraining Order
Many people shy away from clearing their name because they feel the legal costs are higher than the benefits. This is far from the truth if you consider the social stigma and the potential dent in your future employment opportunities. The table below outlines the steps you can take to sue for a false restraining order in small claims court by yourself:
|Gather Evidence||You should compile comprehensive evidence of call and chat records, GPS tracker records, and picture evidence of your alibi during judgment.|
|Approach a Legal Representative||Although you may pursue such small claims cases by yourself, it is better to receive legal counsel. For example, DoNotPay can help you prove that the restraining order has caused you damages and thus warrants compensation.|
|File and Serve Notice||After filing the lawsuit, you need to serve the notice to the false accusers. Remember to file using their correct details to ensure they receive it.|
|Attend Court Hearing||Present your evidence in court. If your claim is proven true, you will be awarded up to $10,000, and your accuser could risk jail time, depending on your state laws.|
Sue for a False Restraining Order with DoNotPay
With DoNotPay, you can get a false restraining order reversed and also win compensatory claims for the damages caused. To file your lawsuit, you have to:
- Log in to DoNotPay and select the Sue Now Product
- Quantify your claims in a dollar value
- Select whether you want a demand letter or court filing forms
- Describe the reason for the lawsuit and submit any applicable details, including photo proof and other relevant records
That’s it! DoNotPay will then generate a demand letter or court filing forms for you. We’ll also mail a copy of your demand letter to the individual or business you are suing!
What Else Can DoNotPay Do?
Thousands of users have used the Sue Now product to fight for their rights and get the compensation they deserve. Here are some companies DoNotPay has helped sue over the years: