Main courtroomThis is the next post in my series on how a Protective Order impacts Melbourne, Florida family law cases. My previous article explained how a TPO can impact child custody proceedings. In this post I will deal with the other side of the coin and explain what one can do if they have been served with a TPO which is based on false allegations. I cannot stress enough the fact that you should contact an experienced attorney immediately if you find yourself in such a situation.

Unfortunately there are many situations in which one parent or spouse may use false allegations to obtain a TPO against their counterpart. There are a number of reasons why people make such false allegations. They may be attempting to gain some sort of advantage in divorce or child custody proceedings or they may simply be attempting to “get even” with their counterpart. Regardless of the reason for which the accusations are being made, it is important that the other person take such claims seriously. Too many people make the mistake of thinking that a TPO based on falsehoods is “no big deal.” This attitude can lead to one finding themselves in a bad legal position – they may lose custody of their child or they may be forced to make compromises in their divorce proceedings. It is crucial that you take such allegations seriously.

There are ways in which one can defend themselves against a false TPO. First, in such cases, it is common for the accused party to prove the claims are false through the use of documented evidence. Such evidence may include emails, text messages, phone records, etc. Second, if the accusing party has made similar claims to law enforcement then the accuser will lack credibility if law enforcement did not find the claims to be credible. Third, it is also common in such situations for the accuser to continue contacting the accused party even after the TPO application has been filed. The Court may consider such contact to be proof that the accuser is, in fact, not afraid for their safety. The Court, in turn, may dismiss the TPO as unnecessary.

If you have been served with a Protective Order then it is crucial that you take the matter seriously even if it is based on false allegations. As a Melbourne family law attorney I regularly handle such matters. Contact my office today to speak with a lawyer. We also services clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.