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Written by Canterbury Law Group

How To Win A Protection Order Hearing

How To Win A Protection Order Hearing

On this page we discuss the preparation you need to make sure you have completed before a final protection order hearing is convened in a civil court. Some of the info on here may be helpful in custody cases as well. Of course, a lawyer with knowledge and experience of domestic violence issues is your best bet for legal representation. But should you choose to represent yourself, the following may also be useful. Read on to learn more.

Contact Witnesses

Remember a witness can be a family member, an ER nurse, a doctor or a stranger who may have witnessed or heard the abuse. It may even be a child or children or a law enforcement officer, and so on.

A subpoena may be required for some witnesses to attend court. You can obtain subpoena forms from court clerks and it will have to be signed by the judge/ Individual states have different rules regarding the methods the subpoena must be served so make sure you establish this information with the judge or the clerk of the court. In some areas, someone over the age of eighteen can serve it, or a process server can. But in other states, it has to be delivered by a representative of the sheriffs’ office. You should inform the judge if people who have received a subpoena have not shown up for the hearing. You may request the judge to postpone the hearing until the people who have received the subpoena appear.

Evidence And Documentation

Every state has their own laws on what evidence may be used in court. It may be the case certified copies of documents for them to be valid or you may only be able to use selected excerpts from the document. You may have to get a subpoena to obtain reports from doctors, hospitals and police. And it may be the case the documents have to be mailed to the courthouse instead of yourself. Rules of evidence can be very complex but in the majority of states evidence can include examples of:

  • Court testimony, be it from your witnesses or from yourself
  • Medical reports regarding the injuries you suffered from your abuse
  • Police reports from when the police were called
  • Photos of your injuries, ideally dated from when they were taken
  • Broken or torn household objects from the person who abused you
  • Following an incident of domestic violence, photos of the condition of your household
  • Images of the weapons utilized by the person who abused you
  • The audio from the 911 calls you made (these may have to be subpoenaed)
  • Criminal conviction documents of the person who abused you. These will have to be certified copies obtained from the clerk at the criminal court
  • A calendar or a personal diary or journal that documents the abuse you have suffered
  • As long as it is permitted by the rules of evidence in your state that may assist in convincing the judge.

Remember the greater amount of evidence, the better it is. Nonetheless, if you have witnesses or documents, remember your testimony is evidence as well – so do not be perturbed if that is the only evidence you have.

Telling The Story

Experiencing the abuse is different than having to present it in a manner that represents the experience in a clear and organized way. You can learn to do this by practicing in front of a mirror or another person – this may also help you feel less apprehensive when you appear in front of a judge. This process may also help you recall new details about your experience.

Practice speaking clearly and putting the events into your own words. Think of the following:

  • Violent incidents
  • Threats of violence
  • Stalking behaviors
  • Harassing behaviors
  • Tell the judge where you were hit, how many times and the injuries and pain you experienced
  • Whether or not a weapon was used
  • Do not paraphrase if it can be avoided. Try to use exact phrases and be as specific as possible

Forming an outline with notes of the history of the situation can be very helpful, Some states will allow you to refer to those notes, but you may not be permitted to read the notes. You may take notes if the judge permits if you need, for example, to remember a certain date. But be ready to give testimony if the judge says you may not do that. In situations where a child or children are involved, it may be a good idea to speak with a lawyer or someone in your state who works as an advocate in domestic violence cases regarding the best ways to present abuse the child or children may have suffered.

Presenting Cases For Custody

Each state has factors that a judge considers when determining custody and will place paramount importance of the best interests of your child or children. The preparation of evidence is very important as the judge will consider this when making his determination. Some states will use an individual known as a custody evaluator to interview the parties involved. On the day of the hearing itself, remember to do the following:

  • Be punctual
  • Make sure your witnesses are present and prepared
  • Ensure your evidence is ready
  • If witnesses or documents that have been subpoenaed and are not in the court, let the judge know
  • Dress in a manner similar to that as you would for a job interview
  • Addressing the judge appropriately (using the phrase: “Your Honor” and although the abuser may say upsetting things, remember you will have the chance to tell your story to the judge
  • You may have to spend all day in court so be prepared
  • If you do not have a lawyer but the abuser does, request a continuance from the judge so you can then find a lawyer
  • Should the abuser intimidate you or sit next to you, you may request the court staff to keep the abuser away from you
  • Stand when the judge enters or when he bailiff requests it
  • It is ok to express emotion but try to remain calm
  • Take some deep breaths when you feel tense
  • Tell the truth, without fail
  • Do not answer a question unless you understand
  • Do not let the abuser or their legal representative distract you from telling your story

Courtroom Order Of Events

There may be a few variations but here is the standard order:

  1. You will be sworn in by the bailiff.
  2. As the plaintiff you will get to tell your story and enter evidence you have first.
  3. You may be asked questions by the judge or the lawyer of the abuser/ When under this cross examination they must be answered in a truthful manner. Remember these questions are leading in nature meaning they require a “Yes” or “No” response. If you think a question being asked is an irrelevant or object to certain questions – remember a knowledge of the rules of evidence and the kind of questions allowed may help.
  4. When you have finished, your witnesses may take the stand. You can ask them questions and then the judge, the abuser and his legal representative may do so. If the rules of evidence are violated by the questions asked of your witnesses, you may object.
  5. The defendant will then give their side which may be a very different interpretation of events than yours. The rule of objection as described above also apply.
  6. You and the judge may then ask questions – again, questions are asked in a leading way.
  7. The judge will then decide. He may take a recess before the final decision is made. It may be over a few hours or even a few days or weeks before a final determination is made.
  8. If the judge grants you the restraining order, he may sign it at the time of your hearing. Obtain a copy, review it and if you have any questions, ask the judge. When the judge is not making a decision that day, ask them to extend your temporary restraining order.

Source: “Domestic Violence Orders of Protection.” WomensLaw.org, 10 Jan. 2020, www.womenslaw.org/laws/az/restraining-orders/domestic-violence-orders-protection.

Contact Our Order of Protection Lawyers in Scottsdale

If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated order of protection lawyers in Scottsdale will ensure thorough preparation for your restraining order hearing, or defense from same, and help you navigate the tricky legal issues that inevitably arise.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

I Was Just Served With An Order Of Protection, What To Do Next
Written by Canterbury Law Group

I Was Just Served With An Order Of Protection, What To Do Next?

I Was Just Served With An Order Of Protection, What To Do Next

In Arizona, splitting couples or spouses will often allege damning and alarming domestic violence allegations in a formal written petition to the Court seeking issuance of an “order of protection” (“OOP”).

When sought by alleged victims of domestic violence or harassment, orders of projection (or injunctions against harassment) the Court will frequently issue an order of protection on 75% or more of the applications seeking an order of protection.

OOPs are therefore relatively simple to obtain, but they are far more challenging to have them dismissed and quashed by those who have been accused of wrongdoing.

Persons seeking orders of protection must appear in person at the courthouse nearest their primary residence and provide sworn statements, in writing, and present live testimony under oath to the assigned judicial officer detailing their alleged harm to their body, or to their lives.  If the judge believes that it’s more likely than not (51%), that domestic violence has occurred within the past 12 months, or that domestic violence or ongoing harassment is likely to recur in the next year, the Court can issue an order of protection.

The order typically prohibits the alleged perpetrator from coming within 1,000 linear feet of the ‘victim’s person’, the victim’s residence, workplace, and sometimes includes the victim’s kids as well.

If you have been served with an OOP, you are immediately prohibited from communicating with, or even being in the same home, as the alleged victim who got the orders against you.   You do have a constitutional right, however, to immediately challenge the OOP and demand a live evidentiary hearing in the Court that originally issued the orders against you.

The Court is typically required to convene a live evidentiary hearing within 5 to 10 business days upon your filing of a “Request for Hearing”.  You may hire and bring legal counsel and third party fact witnesses with you to the OOP hearing.

The victim, can likewise appear in court that day with their own separate legal counsel and fact witnesses who may or may not be permitted to present live, sworn testimony.  Most OOP hearings are one hour or less in duration.

At that point, the OOP is either quashed and terminated, or is sustained and upheld.  If upheld, most OOP’s are valid for one full year.  OOPs can sometimes be ‘renewed’ in the final and 12th month by the victim if circumstances warrant.  An Arizona OOP is valid in all 50 states under the full faith and credit clause of the U.S. Constitution.

Sadly, many spouses game the OOP system as a way to juice their custody strategy in a pending divorce.  If an OOP is sustained while you have a divorce pending, it can wreak havoc on obtaining custody of your children in the underlying divorce.

Regretfully, many litigants fabricate or puff their factual allegations of domestic violence at the hands of their spouse—when in fact—no such violence ever occurred.  In those situations, the party on the receiving end of an OOP can see things spiral out of control in the pending dissolution case quickly.  Once an OOP is issued, and assuming a divorce is pending, the divorce court will typically merge and consolidate the OOP into the pending superior court divorce case so that they are handled by one unified court and one family law judge.

If and when granted by the Court, a romantic partner or spouse can find themselves locked out of their primary residence, locked off from their own children, and their partner’s place of employment—literally overnight.

These are serious court orders which require swift and immediate legal action by the person served with an Order of Protection.  This is not the time to ‘wing it’ or ‘just let it expire in a year’— these orders can have significant impact on your online profile, your credit score, your ability to maintain sensitive employment (e.g. government clearances) or licenses (e.g. state bar, medical boards, etc).

Contact a seasoned and experienced Order of Protection attorney the instant you are hand served a copy of the orders issued against you.  You absolutely must evaluate your legal options, particularly if you are in the middle of a divorce or custody battle.

Contact Our Order of Protection Lawyers in Scottsdale

If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated order of protection lawyers in Scottsdale will ensure thorough preparation for your restraining order hearing, or defense from same, and help you navigate the tricky legal issues that inevitably arise.

*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-240-0040 or [email protected]

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Written by Canterbury Law Group

Obtaining a Restraining Order in Arizona

The Scottsdale family law attorneys at Canterbury Law Group have expertise on Arizona protective orders. According to our state law, protective orders can be issued against a person for reasons including making repeated unwanted phone calls, emails, texts, physically injuring a person, threatening physical injury, trespassing on a person’s property or sending a person unsolicited and constant messages.

If you are in need of a restraining order, call us immediately.  If someone you know may need protective help, here is some information to consider:

  • Restraining orders are often issued to abusers that have recently lived in the household of another or who have lived in the same household as the victim in the past. Household members could be but are not necessarily limited to ex-spouses, ex-partners, past boyfriends or girlfriends, siblings, children or parents.
  • There is a legal procedure for obtaining a restraining order in the state of Arizona including requiring the victim to complete legal forms. Canterbury Law Group helps clients navigate these often- tedious legal forms. Afterwards, a hearing is conducted to determine if a restraining order is indeed necessary.
  • Arizona restraining order laws cover a wide variety of issues. Some are more temporary than others, and the exact length of time of each order which is granted depends upon the severity of the facts of the case.
  • According to Arizona restraining order laws, it is possible for another person to file a restraining order on a victim’s behalf. This can be done if the victim is incapacitated as a result of injury not necessarily directly related to the abuse and/or if the victim is a minor and the parent or guardian wishes to file. A person can file for another person if the person desiring the order is in some other way temporarily or permanently unable to file for the order.

If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated litigation attorneys in Scottsdale will ensure thorough preparation for your restraining order and help you navigate the legal issues that arise.  If you seek to quash an order issued against you, the firm is equally well versed in defending protective orders.

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Written by Canterbury Law Group

5 Types of Protective Orders in Arizona

Canterbury Law Group specializes in obtaining orders of protection in Scottsdale. In Arizona there are five types of protective orders:

Order of Protection – A person who believes her/his safety is in danger due to domestic violence or harassment can ask the court for an Order of Protection or an Injunction Against Harassment. An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, such as removing firearms from the home, adding other people to the protective order, and exclusive use of the home. However, it is only a piece of paper. You must also take steps to insure your safety.

Emergency Order of Protection – An Emergency Order of Protection is also a legal restraint to prevent domestic violence. An Emergency Order may be granted by an authorized judicial officer in writing, verbally or by telephone for the protection of a person in “imminent and present danger of domestic violence.” An Emergency Order may be used to order a person not to commit acts of domestic violence or contact people protected by the order. Similar to the Order of Protection, it also provides protective relief, such as exclusive use of the home and removing firearms from an abuser. Unless continued by the court, an Emergency Order is valid only until the close of the next day of judicial business following the day that the Emergency Order was issued.

Release Order -In rural counties where it is not required that a judicial officer be designated to issue Emergency Orders when the courts are closed, emergency protection is available through a registered Release Order. Arizona law provides that, when a person arrested for an act of domestic violence is released from custody, any Release Order shall include pretrial release conditions necessary to protect the alleged victim and other specifically designated persons. Within twenty-four hours after a defendant is arrested for an act of domestic violence, the court must forward a certified copy of the Release Order to the sheriff of the county in which the Order was issued for registration. The sheriff must maintain a central repository for Release Orders so the existence and validity of the Release Order may be easily verified. Law enforcement agencies are required to advise domestic violence victims where registration and the conditions of a Release Order may be verified. Faced with a violation of a Release Order, a victim may summon a peace officer to enforce the conditions of the Order against the defendant.

Injunction Against Harassment – The Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Injunctions can be used for disputes against neighbors, strangers, and people who are or were dating. Harassment is defined as: “a series of acts over any period of time that is directed at a specific person….” The relationship between you and the other person determines which protective order will be used for your situation. The Injunction Against Harassment differs from the Order of Protection in that exclusive use of the home cannot be ordered and the police are not mandated to serve the Injunction.

What is the Injunction Against Workplace Harassment – The Injunction Against Workplace Harassment is the newest protective order available in Arizona. It allows an employer or an agent of an employer to file for relief on behalf of all employees at the workplace, any person who enters the employer’s property and any person who is performing official work duties. This allows the inclusion of numerous people under the protective umbrella of this Injunction, whereas the “personal” Injunction Against Harassment is usually between two people. Harassment for this injunction is defined as: “a single threat or act of physical harm or damage or a series of acts over a period of time that would cause a reasonable person to be seriously alarmed or annoyed.” A qualification was included which ensures that the employer may not seek an injunction primarily to accomplish a purpose for which it was not designed (i.e. prohibit free speech or other activities that are constitutionally or otherwise protected by law.)

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence. Contact our Scottsdale lawyers today to schedule your consultation.

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Written by Canterbury Law Group

Managing Out of State Court issued “Orders of Protection” While in Arizona

The family law attorneys at Canterbury Law Group in Scottsdale, AZ. help victims of domestic violence secure legal protection and navigate the way when dealing with out-of-state orders. They also help defend and quash false allegations from parents who wrongfully obtain orders of protection. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection. Here are some answers to common questions:

1. Can an out-of-state order of protection be enforced in Arizona?

Yes. An order of protection can be enforced in Arizona as long as:

It was issued to prevent violent or threatening acts, harassment or sexual violence against another person, or it was issued to forbid contact or communication with another person or it was issued to order the abuser to stay away from another person.

The court that issued the order had jurisdiction over the people and case – (in other words, the court had the authority or power to hear the case.)

The abuser received notice of the order and had an opportunity to present his/her side of the story in court.

2. Can an out-of-state protection order be changed, extended, or canceled in Arizona?

Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Arizona. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living.

If your order does expire while you are living in Arizona, you may be able to get a new one issued in Arizona but this may be challenging if no new incidents of abuse have occurred in Arizona. To find out more information on how to get a protective order in Arizona, visit our AZ Domestic Violence Orders of Protection page at www.canterburylawgroup.com

3. If granted temporary custody with a protection order, will you still have temporary custody of your children in AZ?

As long as the child custody provision complies with certain state and federal laws, Arizona can enforce a temporary custody order that is a part of a protection order and make it an order of an Arizona court depending on the facts and legal issues presented.

The family law team at Canterbury Law Group will help you and your loved ones stay safe. Call us today to schedule your consultation. 480-240-0040 or [email protected]

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Written by Canterbury Law Group

Scottsdale Divorce Lawyers Look at Jolie – Pitt Divorce

Recently, the news of Angelina Jolie filing for divorce from Brad Pitt has made headlines around the globe. Together for twelve years and married for two years, this Hollywood couple had become known for their extra-large brood of children, international travels, worldwide philanthropy and being “Brangelina.”

Although the Scottsdale divorce lawyers at Canterbury Law Group have not worked with the couple, we can acknowledge some important factors in this upcoming divorce.

Community Property – Most states, except those listed as community property states, use the “common law” system of property ownership. In these states, it’s usually easy to tell which spouse owns what. If only your name is on the deed, registration document, or other title paper, it’s yours. If you live in a community property state, including both Arizona and California, the rules are more complicated. Generally, in community property states, money earned by either spouse during the marriage and all property bought with those earnings are considered community property that is owned equally by husband and wife. Therefore, both starlets may have to divide all assets they’ve acquired since being married.

Child Custody – When initially filing for divorce, Jolie asked for physical custody of the couple’s six children and asked that the judge give Pitt visitation. News sources have since reported that Jolie was granted full physical custody of the couple’s children. Pitt will reportedly have visitation rights, the first of which will be monitored by a therapist who then has the authority to allow or deny unmonitored visits. In addition, Pitt will have to submit to random drug and alcohol testing, as Jolie reportedly accused him of having a drinking problem. No matter what your divorce situation is, the transition can be exceptionally difficult on the children. It’s always suggested to try to compromise out of court to avoid tolling legislation with your children.

If you’re looking for a Scottsdale divorce attorney and / or family law attorney contact us today. Any delay can affect your future and the wellbeing of your children.

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Written by Canterbury Law Group

Scottsdale Domestic Violence: Civil Law and Criminal Law

The attorneys at Canterbury Law Group help clients obtain orders of protection in Scottsdale. We also assist in determining if your domestic violence case is a civil or criminal case.
In domestic violence situations, there may be both civil and criminal matters occurring at the same time as a result of the same violent act. You may want to pursue both civil and criminal actions for maximum protection. The major differences have to do with who takes the case to court, the reason for the case, and the possible penalties.

  • Civil Law – In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to send that person to jail for committing a crime. However, if the abuser violates the civil court order, s/he may be sent to jail for the violation. In a civil case, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to. A Scottsdale order of protection is requested in civil court. Once granted, they usually are valid for a period of one year and they sometimes can be renewed by the person originally obtained the order of protection.
  • Criminal Law – In stark contrast, the criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. As such, only the government, via the local prosecutor or grand jury can make the final decision to “bring charges” against the bad actor who has engaged in bad acts.
    A criminal complaint involves your abuser being charged with a crime. In a criminal case, the prosecutor (also called the district attorney) is the one who has control over whether the case against the abuser continues or not. It is the county/state who has brought the case against the abuser, not the victim. It is possible that if you do not want the case to continue (if you do not want to “press charges”), the prosecutor might decide to drop the criminal charges but this is not necessarily true. The prosecutor can also continue to prosecute the abuser against your wishes and can even issue a subpoena (a court order) to force you to testify at the trial live under oath.

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence either when allegations are brought against you, or where you bring them against another. Contact our Scottsdale lawyers today to schedule your consultation. www.clgaz.com 480-240-0040.

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Written by Canterbury Law Group

Campus Dating Violence and Orders of Protection

During the school season, many college co-eds, and parents of college-age kids, have questions about dating violence on campus. Dating violence is emotional, psychological, physical, sexual or financial abuse (or, sometimes, a combination of these) perpetrated over a sustained period of time in order to gain and/or maintain power and control in a dating relationship.

In an effort to negate dating violence, schools should maintain a robust dating violence, domestic violence, stalking and sexual assault prevention program for all incoming students and staff, with continuing education for older students throughout their time at the university.

The family law attorneys at Canterbury Law Group in Scottsdale, AZ. help victims of domestic violence secure legal protection against further abuse, whether on campus or off. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection. Here are some quick facts:

  • A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member and where the victim is 18 years of age or older or who is an emancipated minor.
  • An order of protection is a court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record. An order of protection can prohibit third parties from constantly texting you or emailing you without consent.
  • If you are a victim of violence, a judge can sign an order that requires the abuser to obey the court. The protective order is very specific in as far as what the abuser can and can’t do, including having no contact in person or by phone, at home, work, or almost anywhere you ask the court to put in the order.

The family law team at Canterbury Law Group will help you and your loved ones stay safe. Call us today to schedule your consultation. 480-240-0040

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Written by Canterbury Law Group

Johnny Depp Hearings Shine Spotlight on Abuse

The legal problems between Johnny Depp and Amber Heard over her claims of spousal abuse have been making international headlines. The two sides are due to face off as Heard pursues an extension of a domestic violence restraining order that was granted last month. The court set a status conference for August and the judge extended the temporary restraining order that bars Depp from going within 100 yards of Heard.

This celebrity case has raised the importance of protection against domestic violence. At Canterbury Law Group, we know first hand that there are many misconceptions on abuse. If you or someone you know is experiencing domestic violence, here are some answers to common questions:

1. What is Domestic Violence? When you are in a relationship with someone who uses threats, harasses, molests, stalks, attacks, batters or strikes you, your family or your children, that person is committing Domestic Violence. If you are experiencing Domestic Violence, you have a legal right to seek relief from the courts by procuring a protective order.

In the State of Arizona, Domestic Violence includes a variety of abusive acts. You must be able to show the court that the person from whom you want protection has committed or may commit an act of Domestic Violence. You do not have to be physically injured or hurt to be a victim of Domestic Violence. Domestic violence occurs if the other person has done or attempts to:

  • endanger you threaten, intimidate, or harass you interfere with the custody of your children;
  • trespass on or damage your property;
  • restrain you, kidnap, or hold you prisoner;
  • assault you with his/her body or with a weapon;
  • display a deadly weapon or threaten you with a deadly weapon;
  • surreptitiously (without your knowledge) photograph, videotape, film or record you.

2. What types of protective orders are available in Arizona? A Protective Order is a document obtained from a court, to order the abusive person not to contact you and to prevent future abusive behavior. In Arizona there are five types of protective orders:

  • Order of Protection – An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, such as removing firearms from the home, adding other people to the protective order, and exclusive use of the home.
  • Emergency Order of Protection – An Emergency Order of Protection is also a legal restraint to prevent domestic violence. An Emergency Order may be granted by an authorized judicial officer in writing, verbally or by telephone for the protection of a person in “imminent and present danger of domestic violence.”
  • Release Order – In rural counties where it is not required that a judicial officer be designated to issue Emergency Orders when the courts are closed, emergency protection is available through a registered Release Order. Arizona law provides that, when a person arrested for an act of domestic violence is released from custody, any Release Order shall include pretrial release conditions necessary to protect the alleged victim and other specifically designated persons.
  • Injunction Against Harassment – The Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Injunctions can be used for disputes against neighbors, strangers, and people who were not dating.
  • Injunction Against Workplace Harassment – The Injunction Against Workplace Harassment is the newest protective order available in Arizona. It allows an employer or an agent of an employer to file for relief on behalf of all employees at the workplace, against any person who enters the employer’s property and any person who is performing official work duties.

3. How and where can I get an Order of Protection or an Injunction Against Harassment? You may file a petition for an Order of Protection or Injunction Against Harassment in any superior, municipal or justice court regardless of where you live in Arizona. When you enter the court, go to the Clerk of the Court’s counter, Self Service Center, or protection order window and tell the clerk you are requesting an Order of Protection or an Injunction Against Harassment. The clerk will give you the proper Petition forms. Plan on being at the court house for several hours.

If you’re experiencing domestic violence, hiring a family law attorney can be critical to your future. Call the Scottsdale layers at Canterbury Law Group today to schedule you consultation. 480-240-0040.

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Written by Canterbury Law Group

Restraining Orders and Orders of Protection in Scottsdale

Survivors of domestic violence have several civil and criminal options to protect themselves from further abuse. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection in Scottsdale and restraining orders in Scottsdale.

Our attorneys operate in many areas of family law, including helping clients obtain a restraining order in Scottsdale. If you’re considering getting legal help, here are common questions you might ask.

1. What is a restraining order? A restraining order is a court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record.

2. Who can get a restraining order? A victim of domestic violence can obtain a restraining order. A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member and where the victim is 18 years of age or older or who is an emancipated minor.

3. What does a restraining order do? If you are a victim of domestic violence, a judge can sign an order that requires the abuser to obey the court. The protective order is very specific in as far as what the abuser can and can’t do.

  • The abuser can be ordered not to have any contact with you, in person or by phone, text or emails at home, work, or almost anywhere you ask the court to put in the order.
  • The court can order the abuser to leave the house or apartment that you and the abuser share; even if it is in the abuser’s name.
  • Except in unusual situations, the court may grant you custody of your minor children. In some states, the court can also order the abuser to pay child support and support for you. The abuser may also be granted visitation with the child/children under certain conditions. If the children are in danger of abuse, let the judge know.
  • In some states the court may also order the abuser to pay for costs that resulted from the abuse, for example; household bills that are due right away, medical/dental treatment, moving expenses, loss of earnings. The judge can also make the abuser pay your attorney’s fees, and can make the abuser pay damages to you or other people that helped you or got hurt by the abuser.
  • The judge may order the abuser to receive professional domestic violence counseling.
  • The judge can order the police to escort the abuser to remove personal items from the residence, or shared place of business so that you are protected by the police during any necessary contact.
  • The judge has the power under the law to order anything else that will help to protect you, as long as you agree to it.

If you need an order of protection in Scottsdale Arizona, Canterbury Law Group can help you. Contact us today to schedule a consultation. 480-240-0040.

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