What To Do When Someone Takes Out a Domestic Violence Protective Order

A domestic violence protective order is an injunction issued to protect victims of domestic violence from abuse by someone with whom they had a close personal relationship. A domestic violence protective order prevents that person from taking actions that threaten or harm the alleged victim.

Wyoming courts issue two kinds of domestic violence protection orders.

• If the judge believes the victim is in danger of further abuse, they can issue an ex parte temporary order of protection. “Ex parte” is Latin for “from one side” and means the alleged abuser is not notified the order is being issued and is not present in court. The temporary order will last until the judge schedules a full court hearing, usually within 72 hours, where the alleged abuser has an opportunity to tell their side.
• A final domestic violence protective order is issued after a hearing where the victim and the alleged abuser are both present in front of the judge, and both parties have an opportunity to explain their side of the story. If a final domestic violence protection order is issued, it can last up to three years and can be renewed multiple times for additional three-year periods.

When a domestic violence protective order is in place, police can intervene anytime the person who requested the order (the “Petitioner”) feels threatened.

Even though a domestic violence protective order is not a criminal case, having a domestic violence protective order taken out against you can limit your freedom. For example, a protective order can prevent you from:

• Being present in certain locations, including your own home
• Communicating with the Petitioner and other people named in the order, including your children
• Having a gun — even if your job requires that you have one

A domestic violence protective order can also be a factor in a divorce or child custody case, and you could be arrested without a warrant for allegedly violating the order. If a judge determines you violated the terms of the domestic violence protection order, you could face fines and possible jail time.

How to Respond to a Request for a Domestic Violence Protective Order

If a domestic violence protection order is issued against you, you should consider consulting with an attorney as quickly as possible. The criminal defense team at Just Criminal Law can review and explain the terms of a temporary ex parte domestic violence protective order, and our lawyers can represent you at the hearing for a final domestic violence protective order. If the order has already been issued, we can file a motion asking the judge to modify the terms of the order or even terminate it before it expires.

Some people mistakenly believe that having a domestic violence protective order taken out against them does not matter because they are not interested in having contact with the Petitioner. This belief is flawed and could lead to serious consequences.

When someone files for a domestic violence protective order, the order is entered into the Law Enforcement Information Network (LEIN) database. When someone searches the network for your name, the domestic violence protective order will come up, which could suggest you are dangerous and pose a threat. Companies conducting background checks can report records of domestic violence protective order to potential employers, licensing agencies, banks, and other interested parties.

If the Petitioner claims you violated a domestic violence protective order, you could face up to six months in jail and a fine of up to $750. Because a domestic violence protective order is a civil order, the burden of proof for proving a violation is substantially lower than in a criminal case. In a criminal case, the prosecution must prove their case “beyond a reasonable doubt.” But in a civil case, the burden of proof is a “preponderance of the evidence,” which is a much lower standard. The likelihood that you will be found to have violated the protective order is much higher, and the Petitioner almost always gets the benefit of the doubt.

Additionally, the Petitioner could repeat the same accusations, leading to a cycle of fines and jail time for as long as the protective order is in place. If the Petitioner’s original claims were exaggerated or untrue, they could make similar false allegations that you violated the terms of the protective order. They could also perceive innocent conduct as a violation of the protective order. For example, you could be accused of violating a domestic violence protective order if you were inadvertently in the same movie theater, bar or restaurant, park, or grocery store as the Petitioner.

How to Defeat a Petition for a Domestic Violence Protective Order

Every request for a domestic violence protective order is different, and no single strategy can be used to challenge a request for a protective order. There are basic things you can do to address the issues present in your case, and hiring our criminal defense team will improve your chances of beating a domestic violence protective order. .

What Circumstances Led to the Request for a Restraining Order?

Someone requesting a domestic violence protective order must identify the specific facts and circumstances they believe entitle them to the protective order. Our team will review the request for the protective order with you and evaluate ways to challenge each circumstance the Petitioner identified. People seeking a protective order tend to exaggerate and see ill intent when there was none. Discuss the situation with our team, and we will be prepared to explain the circumstances the Petitioner has identified.

Who Has the Burden of Proof?

The Petitioner has the burden of proof and must present evidence in the form of witness testimony and documents they believe prove that they are entitled to protection.

What About the Rules of Evidence?

Many people requesting a domestic violence protective order do so without the assistance of a lawyer. If the Petitioner did not hire a lawyer and does not know the rules of evidence, you have a better chance of defeating their request.

At the hearing, many non-lawyers will try to introduce evidence that is not admissible. A lawyer can challenge the admissibility of the evidence. By excluding key pieces of evidence, your lawyer can eliminate the basis for the protective order and defeat the request for a restraining order.

Contact Just Criminal Law to Fight a Domestic Violence Protective Order

If you receive notice that someone requested a domestic violence protective order against you, you should fight it. The criminal defense team at Just Criminal Law regularly represents people who received notice of a domestic violence protective order. We can argue against having the order issued and, if the judge does issue a domestic violence protective order, we can fight to make it as minimally restrictive as possible. Contact our team today to schedule a personalized case review and strategy session to discuss your case and how we can help.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.