How to Beat a False Restraining Order of Protection

The Restraining Order (Order of Protection) process is like walking a tightrope.  Your Hearing Officer ultimately decides if an Order of Protection will be entered based on a “preponderance of the evidence” standard.  This standard means 51% or more likely than not.

Your Hearing Officer is the legal referee that makes the final call. This low burden of proof creates a narrow difference between an Order of Protection being entered or dismissed.  Your Hearing Officer may decide close cases based on a “gut feeling” about the facts and evidence.

Your strategy can impact your Hearing Officer’s gut feeling about the case.  Here are ways to fight a false order of protection in New Mexico.

 

TREAT YOUR TRO LIKE AN ORDER – NOT A SUGGESTION

 

After a Petition for Order of Protection is filed, Albuquerque courts generally lean on the side of caution and will find probable cause to enter a Temporary Restraining Order (TRO).  A formal hearing will then be set to hear both sides of the story.  This hearing will be held before a Hearing Officer that will hear both sides and determine if an act of abuse occurred that places a person in an immediate threat of future danger.

The TRO prevents the restrained party from having any contact with the protected party until the hearing is held.  Follow all requirements of the TRO until the hearing is held.  Even if the claim is completely and objectively bogus – do not violate the TRO.

Violating the TRO can destroy your case.

 

SHOW UP AND TAKE THE HEARING SERIOUSLY – HOW TO BEAT A FALSE ORDER OF PROTECTION

 

To some, the Order of Protection process may seem relatively informal, for the following reasons:

• The Petition/request is handwritten;
• There is no fee to file or serve the Temporary Restraining Order and Notice to Appear;
• The Hearing is usually heard by a Hearing Officer, not a Judge; and
• The claims may be objectively false or ridiculous.

Take your TRO and Hearing seriously.  An Order of Protection being entered can have long-term consequences, including:

• Negatively impacting your security clearance;
• Impacting your employment; or
• Affecting your right to own or possess a gun;

If you have been properly served with the Petition, failing to appear for the hearing will result in a default Order being entered.  This default order can harm you long term.

 

UNCOVER PROOF THAT THE CLAIMS ARE NOT POSSIBLE

 

Review the Petition carefully.  Are some of the claims objectively false?  Can you prove that some of the claims are false?  Good.  Consider the following:

• Do you have recordings, video, emails, or texts that show the claims are objectively false?
• Do you have witnesses that can testify that you were with them when the alleged abuse occurred?
• Were you at work when the alleged acts took place?
• Are you being charged with phone harassment and your phone records support your defense?

Uncover all evidence prior to your hearing. Be prepared.  Either hire an experienced attorney – or at a minimum– speak with an experienced attorney about what to expect.

 

AVOID THE FOLLOWING TO FIGHT AN ORDER OF PROTECTION IN NEW MEXICO

 

Have you been served with a Temporary Restraining Order and Notice of Hearing?  If so, never do the following:

• Destroy evidence;
• Try to “talk sense” to the person requesting the Order of Protection;
• Treat the TRO like a suggestion and contact the alleged victim;
• Fail to appear for the hearing;
• Show up to the hearing unprepared;
• Come across as mad, angry, or unreasonable at the hearing; or
• Treat the hearing like a joke.

SHOW THAT YOU ARE NOT A DANGER OF FUTURE ABUSE

 

The person requesting the Order of Protection has the burden to prove that an act of abuse occurred and that you pose an immediate threat of future harm.  The following evidence can be used to show that you do not pose a danger of future harm:

• Communications or contact between yourself and the alleged victim after the claimed act of abuse occurred;
• Email records that demonstrate peaceful and normal communications after the alleged abuse;
• Witnesses’ statements regarding lack of danger;
• Lack of threats or harassment; and
• Time that passes between claimed act of abuse and date that the Petition is filed.

 

SPEAK WITH AN EXPEREIENCED RESTRAINING ORDER OF PROTECTION ATTORNEY

 

Don’t treat your TRO lightly.  You have the right to be represented by a seasoned and successful attorney when a TRO is entered against you.  An experienced Order of Protection attorney can uncover facts that help win your case.  This experienced attorney should be familiar with your Hearing Officer and the experience needed to develop an effective strategy to beat the bogus claims.

 

(505) SANCHEZ KNOWS HOW TO BEAT A FALSE RESTRAINING ORDER OF PROTECTION IN NEW MEXICO

 

Do you still have questions about how to beat a false restraining order of protection in New Mexico?  Matthew Legan Sanchez has been fighting restraining orders for over a decade.  Sanchez has handled Restraining Orders all across New Mexico, including Raton, Estancia, Santa Fe, Los Lunas/Belen, Rio Rancho, and Albuquerque.  Call (505) SANCHEZ today.