Restraining Orders

In general, if a victim of abuse gets an order of protection against an abuser, it may be possible that the abuser would try to file for an order against the victim to retaliate. Even if the victim doesn’t get an order against the abuser, the abuser could still always try to file for one against the victim as a way to continue the abuse.

If the abuser does file for a protective order when the victim already has one, a judge may be more inclined to believe that the abuser has filed in retaliation. This may be more possible if the victim can prove that they haven’t spoken to the abuser since being awarded the protection order, but I can’t say whether this would always be the case.

Regardless of whether or not the abuser files for an order against you, you may want to talk to a local lawyer to see what the best ways to protect yourself in any court case are. You can find free and paid lawyers in STATE on our website.

Another important thing to consider is that abusers use the legal system as a way to continue to abuse by falsely getting orders of protection. Once an abuser gets the order, it is possible that the abuser may try to falsely accuse the victim of violating the order. For this reason, it is generally suggested that victims fight having the order against them. Many times, the judges or lawyers will encourage victims to consent to the order against themselves. A judge or lawyer may reason that if the victim does not plan on violating the order, it shouldn’t bother them to have an order against them.

However, this way of thinking can be dangerous. If the abuser gets the protection order, they can easily try to falsely report a violation so that the victim get arrested, which can have consequences on future custody cases, protection order cases, or immigration matters. A judge cannot force someone to consent, however. Each person has the right to a hearing where he or she can defend themselves, and then the judge will have to decide if the abuser proved his case.

If a abuser does succeed in getting an order (and even if he or she does not), one idea that a victim may want to consider is to start keeping a daily log or calendar. The victim can keep track of their own location each day, in case the abuser tries to falsely report to the police that the victim violated the order.

For instance, an abuser could lie to the police by saying that two Thursdays ago, the victim came to his/her home at 1 pm. If the victim has a log, they can easily look in his/her daily planner and see that she/he was at a friend’s house at 1 pm or at the dentist. It might help in the victim’s defense to prove that he/she didn’t commit the violation that the abuser alleged.

Also, it is important for anyone who is subject to protection order to obey the order exactly. For example, if the order tells a “respondent” to stay away from the “petitioner,” even if the petitioner asks the respondent to come over, the respondent could be held legally responsible for violating the order. You can find more information about protection orders in your state on our website.