Continue reading to find out what to do if someone has falsely filed a restraining order against you.

What Is a Restraining Order?

Restraining orders, also known as protection orders or no contact orders, are legal orders a judge signs to instruct the alleged abuser to cease certain activities. Contrary to popular belief, these orders don’t show up on a person’s record. However, if the alleged abuser violates it, they may face fines and jail time. 

Generally, restraining orders include: 

Number One: Personal Conduct Orders

These are orders to stop certain acts against the person named in the restraining order, who’s known as the protected person. Some of the acts the restrained person may need to stop are: 

• Contacting, calling, or sending electronic messages, which includes e-mails
• Attacking, striking, or battering
• Threatening
• Stalking
• Harassing
• Sexually assaulting 
• Destroying the protected person’s property
• Disturbing the peace of the protected person 

Number Two: Stay-Away Orders

These are orders to keep the restrained person a certain distance away, such as 50-100 yards, from:

• The protected person
• The place of residence of the protected person
• The protected person’s work
• The protected person’s children
• The protected person’s car
• Other places the protected person frequents, such as a gym or club

Number Three: Exclusion Orders

These orders are also known as “kick-out” or “move-out” orders. It asks the restrained person to move out from where the protected person lives, and asks them to take only clothing and personal belongings until the court hearing. These orders are usually only granted in domestic violence cases. 

What If Someone Files a False Restraining Order Against Me?  

In some situations, there was no instance of domestic violence, but the alleged victim may try to use a restraining order to sabotage your life. Although you may not face jail time, there are other repercussions you might face:

• You won’t be able to go to certain places and do certain activities. 
• You might be forced to move out of the house, even if it’s under your name. 
• You might not be able to see your children. 
• You will not be able to own a gun. If you already own a gun, you will have to turn it over to a police officer or sell it. 
• It might affect your immigration status if you’re trying to attain a visa. 

Why Do People File False Restraining Orders?

Although most people who seek a restraining order want to protect themselves, some of them play victim when there was no crime. For example, a person may want their roommate kicked out of their apartment out of spite, but they might not want to go through the lengthy eviction process. In this situation, that person may accuse their roommate of domestic violence and ask the court to remove them from the apartment. 

Contact The Ault Firm

If someone has wrongfully filed a restraining order against you, you must seek immediate legal representation. A protective orders attorney will help you present a defense against the false allegations. Contact The Ault Firm today to work with an experienced protective orders attorney. 

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And while you may have heard about celebrities getting temporary restraining orders against other celebs (for example, in 2016, Amber Heard obtained a temporary restraining order against Johnny Depp in a controversial scandal involving domestic abuse), you are probably not familiar with the term “injunction.”

Luckily for you, we have an experienced family law attorney Salt Lake City at The Ault Firm to help you understand the meaning of these words as well as the difference between them.

What does a temporary restraining order (TRO) mean?

Let’s start with something you are more or less familiar with: a temporary restraining order (TRO). A TRO is an order used by a court to protect a person (in divorce cases, a spouse) from another person (the other spouse) by telling him or her to do something or stop doing something.

The most common reasons why courts issue temporary restraining orders include but are not limited to encouraging a spouse to stop physical violence against the other spouse, prohibiting a spouse from being anywhere near the other spouse, and encouraging a spouse to move out of the marital house for the sake of the other spouse’s or their children’s safety.

When do courts issue temporary restraining orders?

Our Salt Lake City mediation attorney explains that more often than not, temporary restraining orders are obtained as part of a divorce action. Usually, one of the spouses is granted a TRO against the other spouse without letting the other spouse know about it. Then, the TRO is served to the abusive spouse by authorities or law enforcement.

Is there is a temporary restraining order against your spouse in place, there is a high likelihood that the TRO can affect the outcome of your divorce, including but not limited to helping you negotiate a favorable divorce settlement.

However, do not be naïve to think that courts grant temporary restraining orders left and right, without giving much thought into it. A court will grant a TRO only when the requesting spouse can prove that immediate and irreparable harm will be suffered unless the temporary restraining order is issued by the court.

The difference between a temporary restraining order and injunction

For those of you wondering, a temporary restraining order is effective for 10 days in Utah. After the first ten-day period, the court will hold a hearing (the so-called Order to Show Cause hearing) to decide whether or not it is necessary to keep the TRO in effect for longer.

If the spouse against whom the temporary restraining order was issued has complied with the terms of the TRO, the court is more likely to dismiss the order. If the spouse fails to prove his or her compliance with the order, or the requesting spouse convinces the court that the risk of immediate and irreparable harm persists, the court might extend the duration of the order, which will reclassify it into a preliminary injunction and kept until the divorce decree is issued.

When the divorce decree is issued, a preliminary injunction is reclassified into a permanent injunction. A permanent injunction can be ordered by a court as a final order in the divorce decree, permanently ordering one or both spouses to do something or stop doing something. Violations of a permanent injunction may prompt the court to find the spouse in contempt of court and impose penalties.

If you are considering to request a temporary restraining order against your spouse or have been served the TRO by authorities, it is highly advised that you consult with a Salt Lake City divorce attorney at The Ault Legal. Schedule a free consultation with our lawyers by calling at 801-539-9000.

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Getting a restraining order is nothing like any other court action, as the court in Salt Lake City and elsewhere in Utah grants a “temporary ex parte restraining order” immediately after the alleged victim makes a one-sided allegation of physical or sexual abuse or domestic violence without giving the alleged abuser an opportunity to defend himself/herself against the claims.

This temporary restraining order remains in effect until the court holds a hearing on the matter to decide whether to keep the order or eliminate it. A restraining order can serve as a major obstacle in reaching a consensus in a family law case, as the two sides will most likely not be able participate in mediation.

Exaggerated or made up restraining orders

“Unfortunately, not everyone files for a restraining order in good faith,” says a Salt Lake City family law attorney at the Ault Legal. “It is a usual scenario when a spouse exaggerates his or her claims or even makes it all up out of whole cloth to obtain a temporary protective order in their divorce and get full custody of the children and remain in the house while keeping the other spouse away at a safe distance.”

Regardless of how bizarre those claims are and whether your spouse lied when he or she filed for a protective order, it is critical that you comply with it. In no way should you come near your spouse if you have been served with a copy of a temporary restraining order, as you could end up in jail.

What happens if you violate the protective order?

Yes, even if your spouse lied his/her way into getting a protective order against you, there is nothing much you can do about it except wait for the court to decide whether to cancel the order or keep it. By violating that order, not only will you be criminally charged, but may also ruin your family law case altogether.

“We have seen this way too many times: a spouse gets a restraining order against her spouse by lying, and that spouse attempts to reach out to figure out what is going on, thus violating the order,” says our best family law attorney in Salt Lake City. “As a result, he is criminally charged for violating the protective order.”

And on top of that, people who violate a temporary protective order are stuck with a permanent protective order and significantly diminish their chances of legal success. So what should you do if you have been served with a protective order but you absolutely disagree with it or if the allegations made by your spouse are false?

What to do if you have been served with a protective order?

Your best option is to follow the conditions outlined in the protective order and wait. Wait until the court holds a hearing on the matter. If you are represented by a Salt Lake City family law attorney, you may be able to ask for an expedited hearing to cancel the order.

In order to do that, you will be required to show proof that your spouse’s allegations are exaggerated or made up, and/or impose an undue burden. If you are legally represented, you may even be able to make the other spouse pay your legal bills, compensate for any financial harm the temporary order caused you, and/or let you spend time with your kids the same number of days, weeks, or month that you lost because of the restraining order.

A protective order, even a temporary one, is a serious matter that should be handled just as seriously. Contact the Ault Legal to get a free consultation about your particular case. Find out what your best legal options are. Call our offices at 801-539-9000 or fill out this contact form.

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Different Types Of Restraining Orders

Protective orders are not difficult to obtain when the victim has been harmed before. If you are seeking protection for someone and you have proof that the aggressor has injured this person before, you will have a few options available:

• Emergency protective order – This order lasts about 20 days and it’s meant to protect you until a hearing is held.
• Temporary orders – This is a short-term order used for emergencies and lasting about 24 hours.
• Final protective order – This order is granted on a long-term basis after a full hearing and it can last for years.

How Do These Orders Work?

If someone is threatening your safety, a protective order will definitely help you keep you and your loved ones safe. Some of the things these orders will do for you include:

• Prevent further harassment and block contact with the aggressor
• Protect you from coercion and harm
• Forbid possession of a weapon
• Help you enforce child visitation and child custody

Violation of protective orders

Violating a protective order can be categorized as a misdemeanor, felony, or contempt of court. Felonies are generally serious violations while a misdemeanor is a lesser criminal act. Contempt of court is when someone disrespects a court of law.

Enforcing a Protective Order

A protective order can be enforced as long as it was issued in the United States. For example, if the victim decides to move to another state and the abuser keeps stalking the victim, law enforcement in the new state must enforce the restraining from the other state. It’s common for survivors of domestic violence to move far away from the abuser, therefore, it’s important to understand what are the legal rights under such circumstances. Let a family law attorney help you with the necessary paperwork and advocate for your rights in court.

Get a protective order today

The best way to protect yourself and your children from someone dangerous are contacting a Salt Lake City protective order attorney with experience in these types of cases. Here at The Ault Firm, we understand safety is very important for you and your family. This is why our legal team endeavors to pursue legal protection for our clients in Salt Lake City and surrounding areas. If you believe your family may be in danger, don’t hesitate to call us today and schedule your initial case evaluation.

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