While his divorce was pending, our client was falsely accused of spousal rape by his wife. After law enforcement determined there was a lack of evidence to corroborate the wife's false accusation, she obtained a temporary order of protection against him in civil court. Prior to the final hearing, the trial court entered an order stating our client was not allowed to have documents from his wife to determine the truthfulness of her accusations.
At the final hearing, the trial court entered a one-year order of protection against our client. When we appealed the case, we argued that the Court should have ordered the wife to provide the documents we requested prior to trial.
Since the Court did not allow our client to have the documents we requested, the appellate court ruled that our client's due process rights were violated, dismissed the trial court's order of protection, and sent the case back to the trial court to allow our client to obtain the documents we requested from his, now, former spouse. When faced with having to provide our client documents showing the falsity of her accusations, she decided to dismiss her petition for order of protection.
If our client had not allowed us the opportunity to fight for his rights, he would have been added to the national criminal database, been forced to surrender his guns, and would have faced the embarrassment of explaining the circumstances of his protective order to potential business partners.
If a protective order has been issued against you, you need a skilled attorney who can advocate for your rights. Otherwise, you risk severe damage to your personal and professional reputation. If a protective order is issued, you may lose your professional license, become ineligible for certain types of employment opportunities, and have your guns taken from you.
Contact us today to schedule a consultation to discuss your case and your legal options.