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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]

Restraining Orders vs Orders Of Protection
Written by Canterbury Law Group

Restraining Orders vs Orders Of Protection

Restraining Orders vs Orders Of Protection

Victims of domestic violence have several options available when they want to take action, from criminal and civil retraining or protection orders. Of course, these orders on their own do not stop someone who is intent on causing you further harm but in most circumstances, they are very effective.  The victim can call the police and have the abuser arrested if the order has been violated. Read on to learn more about the different kinds of protection orders that are available to you.

Different Types of Orders

There are three principal options available to you when you have been the victim of domestic violence. We will also cover what occurs when an order has been violated and how orders are enforced when they cross state boundaries.

Emergency Protection Orders

In many states when the police have been called out to a domestic violence situation, one of the individuals is requested or told to leave the home. Frequently, this is the perpetrator of the abuse/ However, sometimes, the police may be unsure of who the aggressor is. Roughly a third of states say the police are authorized or required to remove firearms when they arrive on the scene where the domestic violence incident took place.

In some states the police can offer the victim what is known as an EPO (Emergency Protection Order.) It a very short-term order for a limited time such as 3 to 7 days giving the victim the window of opportunity to request a longer term court order of protection for a longer period of time.

Protection Orders

Every state and the District of Columbia have statutes offering some type of protection order. But not every state uses the same names or terms. New York, Illinois and Texas know them as protection orders or orders of protection. In California, the same thing is referred to as a restraining order. An injunction for protection against domestic violence is what it is called in Florida.

An EPO is different than a protection order as it is longer term, usually lasting from one year to five years and in certain circumstances, perhaps a lifetime. A victim may renew the order when the old one has expired if they still feel threatened by the behavior and words of the abuser.

A protection order may include (but are not limited to) the following details:

  • An order may have a counseling provision whereby the abuser is ordered to attend classes such as anger management or batterer’s intervention.
  • There may be a firearms provision where the abuser must surrender any and all guns in their possession and in roughly 66% of the states it also prevents the abuser from purchasing a further firearm.
  • When the abuser is obliged to leave the home that they share with the victim, this is known as a move out provision.
  • A stay away provision requires the abuser to keep a certain distance from the victim’s work, school or car. The stay away amount can vary greatly but the minimum is usually at least 100 yards or 1000 feet.
  • Permitting the abuser to have peaceful communications with the victim for limited reasons only is known as a peaceful contact provision. This also covers when a child or children’s care needs to be discussed and when the child or children are being transported for visitation purposes.
  • Conversely, a no-contact provision means the abuser cannot, talk, call, stalk, email, hit, attack, disturb or harass the victim of domestic crime.

Protection orders may include other family members, roommates, children or the current romantic partners of the victim. This means the same rules as above apply to other individuals who have been listed, even when they were not the direct cause of the abuse the victim had to endure. There are also some states where this protection extends to pets as abusers have sadly been known to torture pets as acts of revenge.

In some state’s custody and visitation of the children are decided with the order (in cases where the abuser and the victim were both involved in the lives of the kids). In most cases, these orders are temporary in nature and can be modified as part of the divorce process or future family court cases.

In order to obtain a protection order, the appropriate paperwork must be filed with your local court. They will follow the state procedures and law so you may present evidence at your hearing and of course to serve the abuser. The police are sometimes available to serve the papers on your behalf.

Restraining Orders

A restraining order requires the parties named in a lawsuit to do certain things or not to do them. It could be part of a family law case (perhaps divorce) or a matter for the civil courts. Although this is not identical to a domestic violence restraining order, domestic violence is sometimes a factor in a family law case.

It may be the case orders are requested what is known as “ex parte” so that only one party asks the court to do a particular action without notice to the opponent, then the other party is permitted a hearing so their side of the story may be heard. As there are differences in restraining orders on a state by state basis. It is of great importance to consult with an attorney who is familiar with the law in the area you reside. If a criminal court case is pending, the district may or order (from the judge) a protection order for the victim of the crime.

Violation of Protective Orders

There are three ways a violation of protective orders may be handled:

  • A felony charge is usually reserved for serious or repeat violations.
  • A misdemeanor is often reserved for the same circumstances for serious or repeat violations.
  • Some violations are considered not just as a new domestic violence charge but also considered as contempt of court. Though California have found it puts the defendant in double jeopardy. That said, in many states it is police procedure to automatically arrest these violators.  Put another way, if you have a restraining order in hand, and your abuser shows up and tries to contact you—just dial 911 and tell the police you have a restraining order, and the cops will show up quickly and will ask no questions and simply arrest your abuser.

Order Protection Enforcement in Different States

Victims of domestic violence often move to keep themselves safe from someone who has abused them in the past. The federal law that comes into play here is the Full Faith & Credit Clause of the Constitution makes a requirement for valid protection orders to be enforced in all US territories and every state as well as the District of Columbia. This means if an abuser stalks the victim in the victim’s new state of residence, the police have an obligation to uphold the protection order from the previous state.

Obtain Legal Advice With Domestic Violence Protection Orders

No-one should go through the horrors of domestic violence. Contact law enforcement without delay if your situation is becoming or is dangerous to you, your child or children. When you consider a domestic violence restraining order – it is a good idea to consult with an attorney who specializes in these issues and  who can answer any questions you have, who can advocate alongside you in court and complete correct paperwork for you as well as filing it with the right people.

Source

“Domestic Violence: Orders of Protection and Restraining Orders.” Findlaw, family.findlaw.com/domestic-violence/domestic-violence-orders-of-protection-and-restraining-orders.html.

Contact our Domestic Violence Attorneys in Scottsdale

Our domestic violence attorneys in Scottsdale can help with restraining orders and orders of protection. We will ensure thorough preparation of your restraining order or order of protection, or defense from them, and help you navigate the 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

Restraining Order In Arizona

Restraining Order In Arizona

A restraining order, (also referred to as a protective order or order of protection) is a vital tool you can use when you have been a victim of domestic violence or recurring harassment. Therefore, it is paramount to understand the filing process in Arizona, so you are fully prepared to protect those you love as well as yourself.

What Is the Goal Of Obtaining A Restraining Order in Arizona?

A restraining order or order of protection arises when the order involves a romantic domestic partner or family member. An injunction against harassment is when the parties involved are not family but court protection is still needed from third parties.

When a restraining order is filed there are no fees, however certain criteria must be met. Under the law in Arizona ( Title 13-3602) says a restraining order will not be obtainable until the following points can be met.

  • The petition has been completely filled out, submitted and verified by the applicant in writing
  • The restraining order petition that is being filed against a person at least twelve years of age
  • One person is the maximum amount of people the petition can be filed against (unless minor children are included, which can occur for parents).

Is A Restraining Order Helpful?

Restraining orders can be powerful deterrents to further abuse by the harassing party.  Once the abuser is formally served, they are restricted from coming within 100 yards or 1000 feet of you, your person, your home, or your place of business.  This protective “bubble” can also sometimes extend to your minor children if you feel that they are in danger too.

Once the Order of Protection has been served, communications are severely limited between you and the abuser.  The defendant abuser (once served with the order) may now only have certain ways to communicate with you like (but not including) text messaging, email or telephone calls. Conversely, the order may prohibit the defendant from any form of contact with you. Keep in mind, the court also has rights preventing the defendant by:

  • Setting a geographical distance, the defendant must keep between themselves and a specific place (or places) or an individual (or certain groups of people)
  • Keeping no contact with any animals who reside in the residence as well as not taking possession of said animals
  • No offenses committed under the following statute of domestic violence: (Title 13-3601(A))
  • Carrying or owning a firearm
  • If applicable, using the joint residence

The court can order a defendant to take part in an intervention style program or domestic violence class. Defendants who accidentally or purposefully choose to violate the restraining orders terms may face being immediately arrested, being jailed or being prosecuted. The restraining order is not an airtight guarantee for your safety, but it prohibits a defendant from approaching or being in certain geographical areas as well as limiting the amount and kind of communication you have with the defendant – so there are serious legal consequences for violating a restraining order.

Can I Get Restraining Orders in Arizona?

People in the following circumstances can file a restraining order:

  • A third party presenting a petitioner who literally cannot be present at the court because of the abuser
  • A guardian or parent of a minor child
  • Adults over the age of 18

Remember that in Arizona the court can issue make sure the restraining order for anyone residing in Arizona.

Can A Restraining Order Be Filed in The State of Arizona?

Here are the four steps you need to know.

  1. When possible, consult with an attorney first. Although an attorney is not mandatory, a consultation with a lawyer can ensure the process runs more smoothly. They can point out what order is best for your situation and assist with the completion of forms that have to be submitted. Your local county court probably has some suggestions and do not forget there is always reach out to  National Domestic Violence Hotline for advice and legal support if domestic violence is involved.
  2. Maricopa county requires you to fill out the paperwork utilizing a Domestic Violence computerized prompting system. The paperwork will have a petition naming the proposed protected parties as well as defining the reasons why you are in need of the restraining order. Protective Order forms can be filed at any court in the state of Arizona and they are available in five different languages.
  3. When you make your live court appearance before the judge, you will answer the questions he or she may have regarding your need for an order to be issued. The judge may question you regarding specific incidents that back up your need for a petition. Undoubtedly it is often emotionally distressing, and it may be worthwhile to bring someone you trust for support as you go through this, lawyers are always best to help you through this process.
  4. When the judge grants a restraining order, the defendant must be notified using legal service of process.  You will have to serve the defender with the petition including an order of protection as well as a duplicate copy of the signed order of protection through law enforcement personnel or going through a licensed process server. The restraining order, as you recall, is not valid until it been served upon the defendant personally. Petitioners with an order of protection have up to one year for the defendant to be served otherwise the order will automatically expire. If the defendant is located in Phoenix, Phoenix Police will work with the Coordinator of Protective Orders to file the court order with no fees, for you. In situations where the defendant is not able to be served immediately, it is crucially important to maintain a copy of the signed protection order on hand. If the defendant has not been served the order of protection and physically approaches you, immediately call 911 and inform them you have an order of protection against the defendant on your person and that the law enforcement who mobilizes to the scene should immediately serve the defendant and escort him from the area.

What Is the Cost of A Restraining Order in Arizona?

There are no fees attached to filing the restraining order in Arizona. Should you decide to utilize the services of a private process server, the average price is $73 with prices ranging from $45 to $100 for the US in 2019.

Source:

“How To File A Restraining Order in Arizona.” Arizona Legal Center, 30 May 2018, arizonalegalcenter.org/how-to-file-a-restraining-order-in-arizona/.

Contact Our Restraining Order Lawyers in Scottsdale

If you are dealing with a restraining order served upon you, or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated restraining order lawyers in Scottsdale will ensure thorough preparation for your restraining order, or defense from same, and help you navigate the 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

What Are Protective Orders In Arizona?

What Are Protective Orders in Arizona

A Protective Order restrains an individual from harassing or committing domestic violence against another individual or group of people. In normal circumstances, a judge will consider and rule upon any requested petitions on the same day they are filed with the court.

A Protective Order can be issued following a petition in any court in Arizona. Beneath is a link to a nearby court. Contact them to learn more for specific instructions on their processing of Protective Orders.

If the Protective Order is not being served in phoenix, you may want to petition the court in the area it will be served.

Maricopa County Justice Courts Maricopa County Superior Court

Protective Order Types

Orders Of Protection

An Order of Protection (A.R.S. 13-3602) is an order issued by the court seeking protection from an individual you reside with, currently or in the past or if they are a member of your immediate family. Examples would include:

  • A relative of yours, or a relative of your current spouse (contact the Court for specific information)
  • Your former or current spouse
  • Someone you have lived with or are living with
  • Someone you are having a sexual or romantic relationship with
  • One individual impregnated by the other individual or a person with whom you have a child
  • One of the parties is an in-law or sibling, parent or grandparent

Injunction Against Harassment

An Injunction Against Harassment (A.R.S. 12-1809) is an order from the court seeking protection from an individual who does not live with you, a person who you have no relationship with or a former or present non-family member. Workplaces and individuals are subject to injunctions against harassment. Some examples include:

  • The individual must have committed acts of harassment in the last year
  • Harassment must have been committed at least twice

Types Of Harassment And Domestic Violence

  • Intimidating and threatening behavior
  • Surreptitious audio-visual recording
  • Stalking
  • Kidnapping
  • Harassment
  • Endangerment
  • Conduct that is disorderly
  • The disobeying of a court order
  • Interference with child custody
  • First, second or third degree criminal trespass
  • Crimes committed against children
  • Vulnerable adult or child abuse
  • Assault
  • Aggravated Harassment
  • Aggravated Domestic Violence
  • Aggravated Assault
  • Constant texts, emails or phone calls

What A Protective Order Achieves

  • Prohibits a person from coming near a work site, home or school, or other locations listed on the court order
  • If the person who is served violates the order it provides you with legal recourse for one year
  • If your abuser comes within 100 feet of your person when you have a valid protective order in your possession, immediately call 911 and tell the police of the violation—they will mobilize and arrest your abuser immediately.

What A Protective Order Does Not Achieve

  • Does not resolve tenant/landlord disputes
  • Does not offer a guarantee of your safety
  • Does not change visitation or custody orders
  • Does not generate any financial gain or loss

Obtaining a Protective Order

  1. Go to the office of Protective orders (Room 608) on the 6th floor of the Phoenix Municipal Court.
  2. The correct court action for your individual situation can be determined by speaking to the court staff.
  3. Fill-out the needed paperwork for the judge to review
  4. Once this has been done, you will meet with a judge to further explain your request.

You Will Need The Following To Do The Above

  • The name, address and date of birth of the individual you are seeking protection from
  • Present or past court proceedings involving yourself and the individual you want protection from
  • Phone number and address of the person where the Protective Order can be served

Serving A Protective Order

When you know the location of the defendant, these options are open to you:

  • The Protective Orders Coordinator who will work with Phoenix Police once the order has been sent to them and attempt to serve the defendant within the city limits of Phoenix at no cost to you.
  • You can take possession of the order and when you decide you want it served as long as the defendant is within Phoenix City limits, you can contact Crime Stop at 602-262-6151 and they will instruct on how the police can serve the defendant.
  • At your own expense, hire a private process server to serve the order.

When you do not know the location of the defendant you can do the following:

  • Call the Protective Orders Coordinator (call 602-534-3088 Monday-Friday 8:00 AM – 5:00 PM) to try and determine location of the defendant and then the Protective Orders Coordinator can arrange an attempt to serve the order with the local police.
  • Once the defendant’s location has been established, you can call Crime Stop at 602- 262-6151 and they will explain how the police can serve the order.
  • You can take the order with you and once you have determined the location of the defendant you can hire a private process server, at your own expense, to serve the order on the defendant.

It is vital you understand the Protective Order does not become valid until is served officially by a process server or the police.

Time Periods For Protective Orders

  • After one year if the Protective order has not been served, it automatically expires
  • From the date of service, the Protective Order is valid for one year (365 days)
  • Protective Orders can sometimes be extended beyond one year in some circumstances

Court Hearings

The individual you filed against may obtain a hearing at any point before the order expires. When this occurs, the hearing will be scheduled 5 to 10 business days from the date it was originally requested and the court will notify you. Therefore, if your telephone number or your address changes at anytime you must keep the Protective Orders office updated. If you do not appear, the judge may decide to have the Protective Order dismissed or quashed.

Protective Order Dismissal

Only a judge can dismiss Injunctions Against Harassment and Orders Of Protection. If the person who requested the Protective Order would like the court to think about the dismissal of the order, they must personally go with a picture ID to the Protective Orders office and complete the requested paperwork that the court staff will provide.

Further Information

  • Your phone number and address may be kept confidential (only available to court staff)
  • Each person for who you are seeking protection from requires separate paperwork
  • Some requests may require a court hearing with the person you are seeking protection from before an order is issued
  • If the Protective Order is going to be served outside of Phoenix, it may be best to go to a court in the area it will be served

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, or defense from same, and help you navigate the 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

How To Get An Order Of Protection Dismissed

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It is possible to drop an order of protection once it has started in particular circumstances. However, the judge (or a different judge) needs to perform an evaluation of the current situation. In some circumstances where the order of protection has been filed is because of improper reasons. When this is explained to the judge, he or she may decide to quickly drop the outstanding order.

Reversing the order when a spouse or partner either regrets or thinks the order of protection has been applied for the wrong reasons, it may require more work to reverse the order than it is when then the order was originally issued. A partner or spouse may call a judge through the appropriate means is there is a need for direct distance between the individuals.  As long as there is reasonable evidence, this is usually granted and may require a complete order or one that prevents the other party from having contact.

Protection Order Explained

There are two kinds of orders:

  1. When one partner thinks they require a level of safety to be guaranteed by law. This allows for no contact or communication. It also prevents the person from being within a certain distance of the protected.
  2. The other kind of order usually has provisions for some form of contact but often limits communication. The safety usually includes a lack of emotional speech and actions as well as a lack of violence. In normal circumstances, the second type is usually the option that is chosen. This can have an impact on the target in various ways.

Order Of Protection Reasons

There may not be a legitimate or valid reason when a partner or spouse is successful in having an order of protection obtained. There are various reasons as to why this is. it may have been done in the heat of the moment or as an irrational and emotional act. Or perhaps someone has talked to the person and they have drawn the conclusion it was wrong to go for an order. Understand just because things may get heated between a couple, it does not particularly mean they are solid grounds for a protection order. It is also used as a tactic in the hope it will increase the odds of obtaining greater funds in the case of a divorce or acquiring custody of a child or children. These orders may become more complex in the case of abuse or domestic violence. The other party may find the order remains in place until they can prove themselves innocent of criminal charges. Once the concern is in the process stage in the criminal courts, not much can be done. Lifting the order becomes nearly impossible unless the case is either dropped or is concluded by a judge or jury as with a verdict of not guilty.

Dropping The Protection Order

If there are no criminal charge claims the courts have aimed at the target of the order, the process is simpler and there is room for possibly dropping the order. However, when the situation solely involved the domestic relations courts, dropping the order is far less difficult. The petition order may be dropped if the parties can agree to file a dismissal. Furthermore, if the parties fail to show for a hearing, the petition loses its validity. In the absence of a prosecuting lawyer whose job is to pursue the case – there is no need to maintain the protection order if there is no interest from either party in keeping the order active.

Dismiss An Order Of Protection With A Lawyer

It is vitally important to hire a lawyer who knows what can be done so the order of protection may be dropped. Although the person has to initially file a dismissal, the other party may be a no-show for the hearing. A lawyer can also offer many helpful ways forward and explain how to proceed depending on the actions of the party that is protected.

Source:

  1. Hg.org, www.hg.org/legal-articles/back-together-with-my-abuser-can-i-drop-an-order-of-protection-47090.

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, or defense from same, and help you navigate the 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

How to Fight An Order Of Protection In Arizona

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Also known as a restraining order, an order of protection is a document one obtains from a court with the purpose of preventing abusive behavior by ordering an individual not to have contact with you. They are filed depending on the relationship one has with the defendant and if a crime of domestic violence has taken place.

Arizona Protective Order Types

Arizona has many different kinds of protective orders:

  • Release order of emergency order of protection
  • Order of protection
  • Injunction against workplace aggravation
  • Injunction against provocation

Restraining orders are easy to obtain but one cannot be issued by a court unless evidence can be shown by the petitioning party that demonstrates there is a threat of abuse and that does not mean just physical abuse.

Restraining Orders That Are Unfair

A protection order can be obtained from the court without the court taking into account any outstanding issues. Therefore, the court will not hear the other side of the story until the court order has been issued. This can be exploited by using retraining orders as means to obtain favor from the court regarding issues such as divorce proceedings and custody hearings. Problems often arise when a restraining order prevents you from having access to your children or your own home. They can also appear on background checks, potentially having a negative impact when you are being considered for career positions. You will need to file a motion if you want the order to be terminated. During this process it is essential you do not violate the terms of the current order as that may weaken your case when it comes to going to court.

Fighting a Protective/Restraining Order

Restraining orders are valid for one year but it is possible to get a protective order dismissed or modified. During this time, you are allowed under law, one hearing on the order. For a hearing in the court that approved the restraining order you will have to file a written request. So, you can take action straight away when an order was obtained against you it is of paramount importance to know the timelines so you can contest the orders. Remember, not to violate the existing order even if you have filed. Fines and jail time may result and that will not help your chances going forward. Following that you need to obtain some objective proof. You need to prove that what you are being accused of could not have happened and/or did not happen, to the judge. Say, you were accused of harassing someone, phone records can indicate you were not calling them.

Finally, you will need an experienced Arizona defense attorney. A qualified lawyer can help you understand the laws regarding protective orders and assist in having them, dismissed, modified or changed.

“Here’s How to Contest an Order of Protection in Arizona: What to Know.” Jackson White Law, 23 July 2019, www.jacksonwhitelaw.com/criminal-defense-law/contest-order-protection-arizona/.

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, or defense from same, and help you navigate the 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

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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