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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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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 480-744-7711.

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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. 480-744-7711

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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. 480-744-7711.

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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. 480-744-7711.

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Order of Protection Used to Stop Domestic Violence

The Scottsdale attorneys at Canterbury Law Group help survivors of domestic violence utilize legal protection options to defend themselves from further abuse, including obtaining an order of protection. An order of protection is long term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can also renew the order of protection if he or she still feels threatened by his or her abuser.

An order of protection may include many different provisions, including:

  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Peaceful Contact Provision – Permitting the abuser to peacefully communicate with the victim for limited reasons, including care and transfer for visitation of their child
  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Stay Away Provision – Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet
  • Move Out Provision – Requiring the abuser to move out of a home shared with the victim
  • Firearms Provision – Requiring the abuser to surrender any guns he or she possesses (about 2/3rds of states) and/or prohibiting the abuser from purchasing a firearm
  • Counseling Provision – Ordering the abuser to attend counseling, such as batterer’s intervention or anger management

Order of protections may also include children, other family members, roommates or current romantic partners of the victim. This means the same no contact and stay away rules apply to any other listed individual, even if the direct harm was to the victim. Some states allow pets to be protected by the same order, as abusers may harm pets to torment their victims.

If you’re in need of protection, call us today to start the process of filing for an order or protection. Or if you have been recently served with an order of protection, and you feel wrongfully accused, you need to speak to a lawyer immediately. Delaying your response to an order of protection only makes it more challenging to have it quashed by a judge in court later. 480—240-0040. www.canterburylawgroup.com

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Understanding Orders of Protections and Restraining Orders

The family law attorneys at Canterbury Law Group have extensive knowledge on protective orders and restraining orders. If you’re in need of legal protection, there are some details you need to understand before moving forward.

Orders of protection and restraining orders are two options for people being threatened with imminent injury or who are being physically abused. The two orders are similar in whom they protect but are also different in how long they are good for and the penalties for violation.

Orders of Protection – A court issues orders of protection to victims of domestic violence. Orders demand that an abuser stop threatening, stalking or physically assaulting the victim. Orders often demand that an abuser also stops contacting the victim in any form, including in person, by phone or by e-mail. Orders of protection are in force for at least one year, but can be extended for longer durations as the court sees fit. Orders of protection can be renewed upon request to the court. Parties seeking to overturn or “quash” the orders have a right to a live evidentiary hearing within 10 days of filing their objections to the court.

Restraining Orders – A restraining order is issued by a court to protect someone from threats or physical abuse. Restraining orders are different from orders of protection because restraining orders can also include provisions for property, child support, spousal maintenance and child custody when these are issues arising during a divorce or separation. Restraining orders are good for a fixed period of time set by the court, determined on a case by case basis, usually at least six months, but sometimes for several years. Extensions are available, but must be requested and approved before the initial orders expire.

Cost – No filing fees are charged for orders of protection and restraining orders. Additionally, because these orders are important to victims’ safety, the government bears the cost for serving the orders on abusers.

Penalties for Violation – The main difference between restraining orders and orders of protection is the penalties for violation. If an abuser violates a restraining order, he or she will only face a civil contempt allegation and may be required to pay a fine. However, if an abuser violates a protective order, criminal charges can be filed by the local prosecuting attorney, ranging from a misdemeanor to a felony, depending upon the circumstances of the violation and the number of violations already against the abuser.

If you’re being threatened or abused, there is a legal solution. In contrast, if you have been wrongfully charged or accused with false allegations of harmful abuse, we can also help quash the orders. Contact the team at Canterbury Law Group to begin the process today. Time is usually of the essence in these matters.

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Requirements for Obtaining a Restraining Order

The Scottsdale divorce attorneys at Canterbury Law Group frequently represent clients when obtaining or defending restraining orders. If you are contemplating obtaining a restraining order, your situation must fit the criteria listed below. It is also important to note that a judge cannot give you a restraining order solely for threats, rude behavior, verbal or emotional abuse or damaged property unless you were in fear that you were about to be physically injured.

  • Age. You are at least 18 years old, or you are younger than 18 but the person who abused you is 18 or older. You are (or were) married to that person, or 2) you have been in a sexual relationship with that person. If you are over 18 and were protected by a restraining order as a child and that order is still in effect, you may ask the court to continue that order even if the person who asked for it does not want it extended.
  • Relationship. The person who abused you is: 1) your husband, wife or domestic partner; or 2) your former husband, wife or domestic partner; or 3) an adult with whom you are living (or did live) in a sexual relationship; or 4) an adult with whom you have been in a sexual relationship in the last two years; or 5) an adult related to you by blood, marriage (caution: legal marriage in this context is distinct from co-habitation) or adoption; or 6) the parent of your child.
  • What is meant by “abuse”? If in the last 180 days, the person you wish to restrain has: physically injured you; or tried to physically injure you; or made you afraid that he or she was about to physically injure you or made you have sexual relations against your wishes by using force or threats of force. (Note that any time period in which the person who abused you was in jail or lived more than 100 miles from your home does not count as part of the 180-day period. This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.)
  • Ongoing Danger. You are in danger of more abuse very soon, and the person who abused you is a threat to the physical safety of you or your children.

The legal team at Canterbury Law Group can help you navigate the legal procedures for your restraining order. Alternatively, if you have been served with a restraining order against you, we can help you invoke your right to an evidentiary hearing to have the order quashed. Contact us today to schedule your consultation. 480-744-7711.

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Common Questions After Getting a Restraining Order

The Scottsdale divorce attorneys at Canterbury Law Group receive many questions about restraining orders. Here are common questions that accumulate after a restraining order is obtained.

How long does a restraining order last?

A restraining order lasts for one year from the date the judge signed it or until it is quashed by a judge. If the judge believes you are still in danger, the restraining order can be renewed for one year at a time. To renew the order, you must file the court paperwork before the initial order expires.

What can I do if the restraining order is violated?

You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If the respondent is found guilty of violating a restraining order, he / she can be fined, placed on probation or put in jail.

What if I want to cancel the restraining order?

You must file legal paperwork at the courthouse to ask the judge to drop the order. The order remains in effect until the judge dismisses it, which may take a few days or weeks. Sometimes, the parties may agree to dismiss the restraining order and enter into a limited no-contact agreement to facilitate communication between the parties with respect to children and parenting time only. This should only be done if it is safe and through legal counsel.

Can the restraining order be changed once it’s in effect?

Only some parts of a restraining order can be changed, except at a hearing to contest the order that is requested by the person being restrained.
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, or defense from same, and help you navigate the legal issues that inevitably arise.

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Deciphering Orders of Protection

Survivors of domestic violence have several civil lawsuit options to protect themselves from future abuse. At Canterbury Law Group, we often help clients navigate through these options to maximize their personal safety and security.

Emergency Protection Order – In some states, the police can give the victim (or person believed to be the victim) an Emergency Protection Order (EPO). An EPO is a short-term protection order typically given to a victim by the police or magistrate when his or her abuser is arrested for domestic violence. The EPO is generally for limited period, such as three or seven days. This permits the victim time with an EPO in place to request a longer-term protection order.

Order of Protection – All 50 states and the District of Columbia have statutes for some form of protective order. However, states call these orders different things such as protective orders, orders of protection and injunction for protection against domestic violence or injunctions against harassment.

A protective order is different from an EPO because it is longer term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can renew the protection order, if he or she still feels threatened by his or her abuser.

Protective orders may include children, other family members, roommates, or current romantic partners of the victim. This means the same “no contact” and “stay away” rules apply to the other listed individuals, even if the direct harm was to the victim. Some states allow pets to be protected by the same order, as abusers may harm pets to torment their victims.

Restraining Order – A restraining order is judge imposed court order requiring parties involved in a lawsuit to do or not do certain things. It may be part of a family law case, such as a divorce, or other civil codes. Restraining orders may be requested “ex parte” meaning that one party asks the court to do something without telling the other party. If the restraining order is granted ex parte, than the other party is later permitted a hearing to present their side of the story. This is often the process for protective orders also. As restraining orders also vary by state, it’s important to consult with an attorney familiar with the law where you live. Go to www.canterburylawgroup.com for more information.

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