While restraining orders are great tools for victims of harassment or domestic violence, unfortunately people can abuse them. If you are going through a highly contentious divorce, your wife may issue a restraining order against you. This can be a devastating development. What should you do if she wrongly brings a restraining order against you?
First, it is important to understand that Louisiana law requires proper proof and grounds for issuance of a restraining order. If there is insufficient proof of violence or harassment, you may be able to defend against the order. Here are some tips to follow.
1. Comply with the order
As frustrating as it may be, the first thing you should do is follow the rules of the order. Violating the order will only work against you. You may need to stop the following activities:
- Contacting your wife via electronic devices, telephone or in-person
- Staying within a certain distance of your wife or her home
- Trying to buy a gun
If you break the rules of the order, you may face a contempt of court charge, and it will be increasingly difficult to fight the order.
2. Show up
Another way to jeopardize your defense is by not showing up to the court hearing. If you do not show up and your wife does, your chances of winning your argument decreases significantly. Along with attending the hearing, make sure you carefully read sll documents, hire an attorney and file a response. This will make sure the court tkes your spoken arguments into full consideration.
3. Gather evidence
Your testimony and that of witnesses may make or break your case. Make sure you gather any evidence you have to dispute the grounds of the restraining order. There may be other strong evidence, too. For example, if your wife is alleging you harassed her through phone calls, you can bring your phone bills to show you placed no calls during the time.
Going through a divorce and dealing with a restraining order can be nasty, but it is possible to get through them both.