Attorney
Being served with a restraining order is serious—but being served with one based on false allegations can be devastating. False restraining orders can damage your reputation, affect your career, limit your parenting rights, and even lead to criminal charges if not properly addressed. At Navarrete & Schwartz, P.C., we represent individuals in Midland and Odessa, Texas, who have been wrongfully accused of domestic violence or abuse and are now facing protective orders that are unfounded or exaggerated.
If you’re in this situation, it’s critical to act quickly and strategically to protect your rights and your future.
What Is a Restraining Order in Texas?
In Texas, a restraining order—more formally known as a protective order—is a legal directive issued by a court to protect someone from domestic violence, stalking, harassment, or threats. It can include provisions that:
- Prevent you from contacting or approaching the alleged victim
- Force you to move out of your shared home
- Restrict your access to firearms
- Impact your rights to see your children
While protective orders are vital tools for protecting real victims of abuse, they can also be misused in emotionally charged situations, such as during a contentious breakup or divorce. Unfortunately, some individuals file for restraining orders based on exaggerated claims or outright lies in an attempt to gain leverage in custody disputes or to retaliate against a partner.
Why Would Someone File a False Restraining Order?
There are several reasons why someone might file a restraining order based on false claims. In our experience serving clients throughout Midland and Odessa, false protective orders often stem from:
- Child custody disputes: A restraining order can tip the balance in a custody case, making one parent appear unfit or dangerous.
- Relationship breakdowns: In the emotional heat of a separation, false accusations can be used to punish a former partner.
- Gaining exclusive use of a home: In some cases, one party may try to force the other out of the house through a protective order.
- Manipulation and control: Ironically, a false restraining order may be part of an ongoing pattern of emotional abuse or coercive control.
Regardless of the motive, facing a false accusation is incredibly serious—and it requires a strong legal defense.
What Happens After You’re Served?
If you are served with a protective order in Texas, a temporary ex parte order may already be in effect. This can limit your contact with the alleged victim and potentially restrict your access to your home or children. A full hearing is usually scheduled within two weeks to determine whether the court should issue a more permanent protective order.
At this hearing, both sides will have a chance to present evidence. This is your opportunity to defend yourself—but you need to come prepared. An experienced attorney can help gather evidence, cross-examine witnesses, and present a strong case to the judge.
Building a Defense Against a False Restraining Order
When defending against a false restraining order, the burden is on the petitioner (the person requesting the order) to prove that family violence occurred or is likely to occur. Your attorney can challenge that claim by:
- Presenting contrary evidence: Text messages, emails, phone records, social media, and witness testimony can be used to dispute the allegations.
- Demonstrating motive: If the accuser has something to gain—like custody of children or sole possession of a home—this can cast doubt on their credibility.
- Highlighting inconsistencies: Your attorney can point out contradictions in the accuser’s story or between their current and past statements.
- Establishing your character: Testimony from friends, family, employers, or others who know you well can help establish that the allegations are out of character.
In some cases, false allegations may even rise to the level of perjury or interference with child custody, which carry their own legal consequences.
Why Legal Representation Matters
Defending yourself against a false restraining order is not something you should attempt alone. A protective order can affect everything from your job to your ability to see your children. In some cases, violations—even accidental ones—can result in criminal charges.
At Navarrete & Schwartz, P.C., we take these cases seriously. We understand the damage false accusations can cause, and we fight hard to protect your rights. Our legal team brings experience, attention to detail, and deep knowledge of the Texas family and criminal court systems to every case we handle.
Get the Legal Defense You Deserve
If you’ve been falsely accused and are facing a restraining order in Midland or Odessa, Texas, don’t wait to seek help. The consequences of a protective order can follow you long after the case is closed. Let Navarrete & Schwartz, P.C. help you fight back with a defense that’s tailored to your circumstances and rooted in a clear understanding of the law.
Your reputation, your rights, and your future are worth defending. Contact Navarrete & Schwartz, P.C. today to schedule a confidential consultation and get the legal guidance you need.