Over the past few years, I’ve seen a concerning uptick in the frequency with which women file false and fraudulent petitions for orders of protection to punish their male partner they are mad at. Often these petitions are filled with false allegations and usually courts take them at face value and approve the restraining order without regard to the truth of the allegations. While certainly the need for these restraining orders is completely valid, ie. for protection from dangerous abusive men, there is currently absolutely no repercussions for lying to get a restraining order. The devastating effects of these fraudulent restraining orders against men simply aren't taken into consideration. Women file this crap, a man suddenly has nowhere to live, cannot see his children and may have to pay a lawyer to represent him.
Missouri Protection Orders Can Be Used as Weapons Against Innocent Men
Missouri Revised Statute 455.035 “Protection Orders” was adopted as a shield to provide immediate protection to a person in fear of physical harm by restraining a person from coming near the applicant. The applicant simply files a petition for an Order for Protection with the Court Clerk who presents the petition to a Judge. The Protection Order is issued Ex Parte, which means without any notice or (immediate) hearing for you. The respondent (the accused, usually the man) is not given an opportunity to deny the allegations before the restraining order is issued.
The problem is that angry wives and girlfriends use this protection process as a weapon by making false accusations. Before there is any Court hearing or opportunity to respond, you can be kicked out of your own home and restrained from returning.
Restrain First, Ask Questions Later
There is no way for the Judge to know if the allegations are totally false.
The Judge takes the petition for an order of protection at face value and enters the Restraining Order immediately. Even if you own your house solely in your name, you can be restrained from going near it, if she also lives there.
The fraudulent Protection Order can restrain you from:
· Entering your own home or even going onto the grounds.
· Coming within a certain distance of the applicant (accuser).
· Contacting the applicant in any way (even through another person).
The Protection Order can also:
· Give her temporary sole custody of your children.
· Restrain you from contacting your children.
· Give her sole possession of your car and/or other personal property.
· Keep you locked out of your home until a hearing can held.
All this is done at no cost to her. There is no filing fee and the sheriff will serve the order on you for free. If you are in the home, the sheriff will accompany her to the house and kick you out.
Using a Protection Order as a Weapon: Phase 2
Now She Can Lie and Say that You Violated the Protection Order. If she wants to cause more harm, she can call the police and lie by falsely claiming you violated the Order.
If she files a false report against you;
· The police can then arrest you without a warrant.
· The Prosecuting Attorney will represent her, for free, and prosecute you.
· You could be found guilty of a crime that will go on your record for the rest of your life.
All of this can happen without you ever doing anything illegal!
Yes, there is an important need to provide protection to anyone suffering domestic violence, but at the same time process to prevent its use as a weapon to harm an innocent man.
In many of these cases, the woman eventually dismisses the order of protection when she is no longer mad at the man. However, her false allegations go unpunished while the man is left to his own pay legal fees, perhaps temporary child support, for a new place to live and deal with the aftermath of not seeing his kids for an extended period of time. When women weaponize orders of protection they do so without regard to the effect on their children. This is parental alienation.
If a woman has filed a motion for an order of protection with false or exaggerated allegations, do not contact her under any circumstances. Attend the hearing listed on the order you were served with. Also, when things settle down and she decides to dismiss the restraining order, give thorough thought to ever being with this person again. Most of what I see is that when men go back, the next argument becomes even worse. If you want legal assistance with a false restraining order filed against you in Cass County, Jackson County, or Johnson County (and the surrounding counties) call us at 816-287-1530 to speak with an attorney promptly.
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