Under Virginia’s Law, an injunction, restraining order or protective order can be filed without the accused’s knowledge or presence in court. This can bring all sorts of issues of misuse of injunctions in Virginia and most other states of the United States of America. All the types of orders of protection, Anti-Harassment, Domestic Violence, Elder Abuse, and Sexual Assault, have been created to serve legitimate and lawful purposes; however, they are increasingly filed for contradicting reasons.
In current practice, protection orders can be petitioned out of impatience, anger, revenge or even mental health issues or deception and harassment. Parties with enhanced legal capital, such as unbridled access to well-versed family lawyers, can usually find gray areas within the law to initiate false protective orders based upon wrongful premise(s); they can file for protection based on misstatements, false accusations, and exaggerations to establish leverage in and out of a courtroom.
Hence, finding yourself on the wrong end of a protective order can be a very stressful position. With a lot of implications that have the potential to disrupt or damage your personal life. Especially if such an order is based upon falsified information and fabrication. Luckily, there are ways to prepare yourself better and better respond to a protective order related crisis.
How can I fight a false injunction order in Virginia?
First of all, understand all questions starting with the word why. Especially if a case that you feel is heavily based on false information, misstatements and exaggerations, it becomes crucial to understand why the other party would resort to this. If you and your preferred legal representation understand this question, all the rest can quickly fall into line.
You have to understand the motivations behind the accuser’s claims and if any claims that they’ve made are distorted or not, and to what extent if so. Another critical question to investigate is how likely a judge or any third party is to empathize with the accusing party’s story.
Based upon all these questions, you will have a greater understanding of what proofs the other’s story is based upon, and if the proofs are weak enough or exaggerated enough to be disproved. This is the point where you and your attorney ideally conduct their own investigation and fact-finding missions. The critical part to remember here is that proof in these cases can constitute anything from conversations on social media platforms to GPS-data. Anything that substantively disputes any detail of the claims made by the accusing party is instant gold and can establish the other party as vindictive and deceitful; ultimately adding to your positive case.
A complete and thorough investigation helps to track down all relevant records and data of the case and enables your lawyer to construct a plausible defense case. The primary responsibility of both you and your lawyer here to establish that the other party is not credible and the facts and witnesses that they’ve presented are based upon falsehoods and exaggerations. A vital component of this includes establishing the accuser’s motive and seeing if they contradict the typical motivations behind restraining orders (such as violence or threat of violence).
Ultimately, when it comes to such sensitive cases, anything can happen with the slightest bit of oversight on the part of any parties involved in the dispute. Strong accusations have been seen to crumble against thorough counter-investigation, and the Commonwealth of Virginia also empowers the court to realign the parties and switch their roles; i.e., the accuser becomes the accused and vice versa.