A Guide to Fighting an Unfair Order: Sometimes, a person may get a court order to keep you away from them that is not true. This can cause big problems in your life. It is very important to know how to fight back if this happens to you.
What Is a Stay-Away Order?
A Court Paper to Keep You Away: A stay-away order is a paper from a judge. It tells you that you cannot go near a certain person. People get these orders if they say they are afraid of someone.
How It Starts: A person asks a judge for the order. Sometimes, the judge gives the order right away without hearing your side of the story. You get the papers and must follow the rules right away, even if they are not fair.
Here are some key things about these orders:
- They Are Serious: You must follow the order, or you can get into big trouble.
- They Are Fast: A judge can approve one very quickly.
- They Can Be Fought: You have the right to tell a judge your side.
Rules you may have to follow:
- No Contact: You cannot call, text, or email the person.
- Stay Away: You must stay a certain distance from their home and work.
- No Guns: You may not be allowed to have a gun.
Real-Life Example: A man named John was going through a hard time with his ex-partner over their kids. She got a stay-away order against him by telling a judge things that were not true. John was not allowed to go to his home or see his children until he went to court to fix it.
Why Would Someone Ask for a Fake Order?
To Get an Edge in Court: Some people use these orders to get what they want in another court case. This happens a lot when parents are fighting over who gets the kids. The order can make one parent look bad.
For Bad Reasons: A person might be angry and want to cause trouble. They can lie to a judge to get a stay-away order. This is a wrong use of the court system and hurts good people.
Common reasons for fake orders:
- Child Fights: To stop a parent from seeing their kids.
- Divorce Cases: To get the house or more money.
- Just to Be Mean: To make the other person’s life hard.
How it can be used against you:
- Makes You Look Bad: It tells the judge you might be a bad person.
- Limits Your Time: It can block you from seeing your family.
- Costs You Money: You have to hire a lawyer to fight it.
Real-Life Example: Sarah wanted to move to a new state with her children, but the father, Tom, did not agree. Sarah got a fake stay-away order against Tom, hoping the judge in their family case would think he was a bad dad. This made it much harder for Tom to fight for his right to see his kids.
How Can a Fake Order Hurt My Family?
It Can Keep You from Your Kids: The biggest way a fake order hurts is by stopping you from being with your children. The order might say you cannot go to your own home or your child’s school. This can be very painful for you and your kids.
It Creates Stress: A fake court order adds a lot of worry to your life. You have to deal with court dates and lawyers. This stress can affect your whole family and make things harder for everyone.
Ways it harms your role as a parent:
- Missed Time: You can miss birthdays, holidays, and school events.
- Hurt Feelings: Your children may be confused and sad.
- Bad Image: It can make it look like you did something wrong.
Other family problems it can cause:
- Money Trouble: Fighting the order costs money.
- Trust Issues: It can be hard to trust the other person again.
- Problems with Others: Other family members might get pulled into the fight.
Real-Life Example: Maria got a fake stay-away order against her ex-husband, David. The order said David could not be near their son. David, who coached his son’s baseball team, was suddenly not allowed to go to games or practices, which made his son very upset.
What Should I Do First If I Get One?
Read the Papers with Care: The very first thing you should do is read every page you were given. The papers will tell you what you can and cannot do. You must follow these rules, even if they are false, until you go to court.
Talk to a Lawyer Right Away: Do not wait to get help. A good family law lawyer knows how to handle these cases. They can tell you the best steps to take to protect your good name and your rights.
First steps to take:
- Obey the Order: Do not break any of the rules listed.
- Write Everything Down: Make notes about what happened.
- Find a Lawyer: Get help from someone who knows the law.
Things to avoid doing:
- Do Not Contact the Person: This can get you into more trouble.
- Do Not Ignore It: The problem will not go away on its own.
- Do Not Post Online: Do not talk about the case on social media.
Real-Life Example: When Mike was served with a fake order, his first thought was to call his ex and yell at her. Instead, he called a lawyer who told him to stay calm and not talk to her. This smart move helped Mike look responsible when he went before the judge.
How Much Time Do I Have to Act?
You Have a Short Time to Answer: The law gives you only a small window of time to fight back. If you wait too long, you might lose your chance to tell your side of the story to a judge. The papers you get should tell you the exact deadline.
Act Fast to Protect Yourself: Because the time is short, you need to move quickly. This is why calling a lawyer on the first day is so important. They can file the right papers with the court before your time runs out.
Why time is so important:
- Deadlines Are Strict: The court has firm rules about timing.
- You Need Time to Prepare: You and your lawyer need to build your case.
- The Order Stays Active: The rules apply to you until a judge changes them.
Steps to take within the deadline:
- File an Objection: Your lawyer can file a paper that says you do not agree.
- Ask for a Hearing: This is your chance to speak to the judge.
- Gather Your Proof: Start collecting things that show you are innocent.
Real-Life Example: Lisa received a stay-away order and was very upset, so she put the papers in a drawer for a week. When she finally took them to a lawyer, she had only two days left to file her answer. They had to rush to meet the deadline, which added a lot of stress.
How Do I Ask for a Court Date?
File a Motion with the Court: To get a court date, your lawyer will file a paper called a motion. This motion asks the judge for a hearing. A hearing is a meeting in court where you can speak.
This Is Your Chance to Be Heard: The hearing is very important. It is your only chance to show the judge that the order is based on lies. Without a hearing, the judge will only know the other person’s side of the story.
What the motion does:
- Tells the Court You Disagree: It officially states that you are fighting the order.
- Requests a Date: It asks the judge to set a time to hear from you.
- Starts the Process: It gets the ball rolling to clear your name.
What happens at the hearing:
- You Tell Your Story: You can explain what really happened.
- You Show Your Proof: You can give the judge your papers and texts.
- The Judge Decides: The judge will listen to both sides and make a choice.
Real-Life Example: After getting a fake order, Chen hired a lawyer. The lawyer immediately filed a motion to set aside the order and requested a hearing. This showed the court that Chen was serious about fighting the claims and wanted a chance to prove his side.
What Can I Show the Judge?
Bring Proof to Support Your Story: You can bring things to court that help show the judge you are telling the truth. These can be papers, photos, or even messages. Proof helps the judge understand what really happened.
Ask People to Speak for You: You can also bring people, called witnesses, to court. These are people who saw what happened or know you well. It is best to bring people who are not on anyone’s side, like a neighbor or a boss.
Types of proof you can use:
- Receipts or Tickets: These can show you were somewhere else.
- Text Messages or Emails: These can show what the person really said.
- Photos or Videos: Pictures can prove where you were.
Who can be a good witness:
- A Neutral Neighbor: Someone who does not have a reason to lie.
- A Co-worker or Boss: Someone who can talk about your good character.
- A Teacher or Doctor: A professional who can speak about you or your child.
Real-Life Example: A woman claimed her ex-partner was at her house yelling at her on a Tuesday night. He brought in his work timecard and a receipt from a store across town. This proof showed the judge that he could not have been at her house at that time.
Who Has to Prove Their Story in Court?
The Other Person Must Prove Their Case: In court, the person who asked for the stay-away order has to prove their story. They need to show the judge that they have a good reason to be afraid of you. It is not your job to prove you are innocent; it is their job to prove you are guilty.
You Get to Respond to Their Claims: After they present their story and proof, you get a turn. You and your lawyer can ask their witnesses questions. Then, you can show the judge your side of the story with your own proof and witnesses.
What the other person must show:
- A Real Threat: They must show that you did something to make them fear for their safety.
- More Than Just Words: Just saying they are scared is not always enough.
- Clear Proof: They should have texts, emails, or witnesses to back up their claims.
How you can respond:
- Question Their Story: Your lawyer can point out parts of their story that are not true.
- Show Your Own Proof: You can present items that tell a different story.
- Tell the Judge the Truth: You can speak to the judge and explain what really happened.
Real-Life Example: During a hearing, a man said his ex-girlfriend was calling him non-stop. But when her lawyer asked for his phone records, he could not provide any. The judge saw he had no proof and ended the stay-away order.
Can a Fake Order Affect My Job?
Yes, It Can Harm Your Work Life: A stay-away order can cause serious problems at your job. If you have a job in security, law enforcement, or the military, you might not be able to work. This is because these jobs often require you to carry a gun, which the order may forbid.
It Can Hurt Your Career in Other Ways: Even if your job does not involve a weapon, an order can still hurt you. Some jobs require background checks, and an order might show up. It can also make it hard to get to work if the order says you cannot go to certain places.
Jobs that can be affected:
- Police Officers: They cannot carry a gun while the order is active.
- Security Guards: Most security jobs require you to be armed.
- Delivery Drivers: If the person works near your route, you cannot go there.
Other work-related problems:
- Losing a License: Some professional licenses can be affected.
- Failing a Background Check: It may stop you from getting a new job.
- Reputation Damage: People at work might see you in a bad light.
Real-Life Example: Frank was a security guard at a mall. His ex-partner got a fake stay-away order against him, which meant he could no longer carry a firearm. His boss had to take him off the work schedule until the order was removed, and he lost weeks of pay.
Can a Fake Order Take Away My Gun Rights?
It Can Stop You from Owning a Gun: When a judge issues a stay-away order, it almost always includes a rule about firearms. This rule says you cannot buy, have, or carry any guns. This is true even if you have a license to carry a weapon.
This Affects Your Rights and Safety: For people who own guns for sport or for protection, this can be a big deal. The order takes away your Second Amendment right, even if it is based on lies. Fighting the order is the only way to get that right back.
What the order can do:
- Forbid Gun Ownership: You may have to turn your guns over to the police.
- Block Gun Purchases: You will fail a background check if you try to buy a gun.
- Cancel Your CPL: Your license to carry a concealed pistol will be suspended.
Why this is a serious issue:
- Loss of a Right: It takes away a right given by the Constitution.
- Impact on Hobbies: You cannot go hunting or to a shooting range.
- Safety Concerns: You may not be able to protect your home or family.
Real-Life Example: Brenda was an avid hunter and had a collection of hunting rifles. Her angry neighbor filed a false order against her after an argument about a fence. Brenda had to give her rifles to the local police until she could prove to a judge that the neighbor was lying.
Do These Orders Ever End?
They Have an End Date, But Can Be Renewed: Most stay-away orders last for a set amount of time, like one year. The end date will be written on the papers. However, the person who asked for the order can ask the judge to renew it before it ends.
If You Don’t Fight It, It Can Continue: If the person asks to renew the order, they can sometimes get it without a fight. If you do nothing, the order can be extended again and again. This can cause problems for you for many years, which is why you can learn more by watching a video on how a PPO can go away.
How orders can keep going:
- The Person Asks for More Time: They can file papers to extend the order.
- The Judge Agrees: If you do not show up to fight it, the judge might just say yes.
- It Can Become a Long-Term Problem: An order can follow you around for years.
Why you should not let it continue:
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- It Stays on Your Record: It can show up on background checks for a long time.
- It Can Be Used Against You: It may be brought up in future court cases.
* It Restricts Your Freedom: You have to live by its rules for as long as it lasts.
Real-Life Example: A man had a fake order placed on him. He thought it would just expire after a year, so he did not fight it. A year later, his ex-partner renewed it, and it hurt his chances in a new fight over seeing his children.
Why Is Hiring a Lawyer So Important?
A Lawyer Knows the Court System: A lawyer who works in this area knows the rules and the people at the courthouse. They know what papers to file and what to say to the judge. Trying to do this on your own can be very hard and confusing.
They Can Help You Act Quickly and Correctly: Since you have a short time to act, a lawyer can make sure everything is done right and on time. They will build the best case for you so you have a strong chance of winning. You can see more in our full video, How Do I Fight a False PPO?
What a lawyer does for you:
- Files the Right Papers: They handle all the paperwork for you.
- Speaks for You in Court: They know how to talk to the judge and question witnesses.
- Gives You Good Advice: They can guide you through this stressful time.
Benefits of having a legal expert:
- Reduces Your Stress: You do not have to figure it all out alone.
- Increases Your Chance of Winning: They know how to present your case in the best way.
- Protects Your Rights: They fight to protect your freedom, your job, and your family.
Real-Life Example: When faced with a false order, Maria tried to file the court papers herself. She filled out the wrong form, and the court rejected it. By the time she found the right one, she had missed the deadline, so she hired an expert on how you can fight a PPO to help fix her mistake.
Extra Insights
Thinking About the Future: A fake stay-away order is not just a problem today. It can create a shadow that follows you for years, affecting new jobs or your rights as a father. Dealing with it now is the best way to make sure your future is clear and bright.
Your Name and Record: This is about more than just rules and restrictions; it is about your good name. When someone tells lies about you in court, it hurts your reputation. Fighting back is how you stand up for yourself and show everyone the truth.
Frequently Asked Questions
1. What is a stay-away order?
A stay-away order is a court paper that tells you to stay away from a person. A judge makes this order to keep someone safe.
2. Can I go to jail if I break the order?
Yes, if you do not follow the rules of the order, you can be arrested. This is a very serious matter.
3. How long does an order last?
Most orders last for up to one year, but they can be renewed. The person who got the order can ask a judge to make it last longer.
4. What if the person lied to get the order?
If the person lied, you have the right to a court hearing. At the hearing, you can show the judge proof that the story is not true.
5. Do I have to move out of my house?
If you live with the person who got the order, you will likely have to move out. The order will say you cannot be at that address.
6. Can I still see my kids?
The order may prevent you from seeing your kids, especially if they live with the other person. You need to ask the judge to make rules for seeing your children.
7. Will this show up on a background check?
Yes, a stay-away order is a public court record. It can appear on certain types of background checks for jobs or housing.
8. What kind of proof do I need?
Good proof includes texts, emails, receipts, or photos that show your side of the story. Witnesses who can speak for you are also very helpful.
9. Can I talk to the person who got the order?
No, you cannot have any contact with the person. This includes texting, calling, or asking a friend to pass along a message for you.
10. What if I miss the deadline to fight it?
If you miss the deadline, the stay-away order may become final. It is very important to act quickly and file your papers on time.
11. Does it cost money to fight the order?
You will have costs for hiring a lawyer to help you. However, fighting the order can save you from bigger problems down the road.
12. Can a lawyer help me remove the order?
Yes, a lawyer can request a hearing and argue for you in front of the judge. Their job is to help get the false order removed.
If you are facing a false stay-away order, you do not have to fight it alone. Our team is here to help you protect your rights and clear your name. Contact us today for help.
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Website: Visit ChooseGoldman.com