This is the next post in our series on how Protective Orders can impact family law matters in Little Rock, Arkansas. Our last article explained the process involved in applying for an Order of Protection. It is important to understand that the higher the level of detail which one provides to the Court, then the more likely a Judge is to grant the application. Retaining an experienced attorney can assist you with making sure that your case is presented to the Court correctly. In this article we will discuss a situation which, unfortunately, arises too often – the need to deal with a TPO which is based on false allegations. If you or a loved one are in need of assistance then contact our office today to speak with a lawyer.
We have previously discussed the process of defending against false domestic violence allegations. There are also times when false claims are made by those seeking a Protective Order. It is not uncommon for a party to make false claims in an attempt to gain leverage in divorce or child custody proceedings. This is due to the fact that, under Arkansas law, a parent will be less likely to gain primary or joint custody of their child if the Court finds that that party has committed acts of violence or harassment against their counterpart. Many parents, who face such false allegations, make the mistake of thinking that they can simply “explain to the Judge” that the claims are false. These parents are quickly surprised when they realize the serious extent to which Courts take such matters. If one is facing false allegations then it is crucial to speak with an attorney as soon as possible.
There are steps which an attorney can take to assist you with showing that the claims at issue are fabricated. These can include submitting evidence to the Court that the allegations are false. Such evidence may include phone records, emails, etc. Such evidence may show that the accusing party’s behavior is inconsistent with that of someone who feels threatened. If, for example, a party is claiming to have been harassed, but is repeatedly contacting the accused party, then the Court will often look upon the claims with skepticism. Also, such evidence can, depending on the circumstances, sometimes establish that the claims are simply false. If, for example, documentary evidence shows that the alleged events, in fact, did not occur, then the Court may dismiss the Application for a Protective Order. How the Court will rule, in any given situation, will always depend on the evidence at hand and the specifics facts of the case.
If you or a family member have been falsely accused of violence, stalking, or harassment, then contact our office today to speak with a Little Rock TPO lawyer. Our attorneys believe that everyone is entitled to both aggressive representation and the highest levels of respect. We pride ourselves on providing a high level of service and our firm will give your case the attention it deserves. Contact us today. We also handle matters in Fayetteville, Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff and throughout the rest of Arkansas.