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Written by Canterbury Law Group

How To Get An Order Of Protection Dismissed In AZ

Charged with Aggravated Assault: What to Do & Costs Associated

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 in Arizona, 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.

What Is A Protective Order 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.

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.

References: Maricopa County Justice Courts Maricopa County Superior Court

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. 480-744-7711 or [email protected]

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Written by Canterbury Law Group

How To Get A Protective Order Dropped

Charged with Aggravated Assault: What to Do & Costs Associated

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. 480-744-7711 or [email protected]

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Written by Canterbury Law Group

Arizona District Attorneys

The prosecuting officer in a criminal case, or the individual who represents the state in the prosecution of criminal acts, is a district attorney (D.A.) or county attorney. In other words, the D.A. is the lawyer who will work to have you convicted of the charges at your trial if you have been charged with a crime.

In most states, there is a county prosecutor’s office, and in Arizona, the County Attorney who is in charge of bringing cases to trial is elected to that post. As a result, the district’s voters’ interests can have an impact on the local prosecutor’s office, which may therefore choose to prioritize some offences above others in its prosecutions.

Benefits and Drawbacks of Speaking with the DA

This can occasionally be advantageous for criminal defendants, particularly when negotiating a plea deal. This can sometimes work against defendants, particularly if the prosecution is looking to “make an example” of them because of the allegations they are up against. It is common for defendants to discover about the county’s prosecutors for the first time during their own case, thus they might not be aware of the prosecutor’s office’s procedures and preferences.

Speaking with prosecutors might be challenging. Since they are actively compiling evidence against you, anything you say or admit runs the potential of being used against you at trial. However, knowing more about the prosecution’s approach and readiness to settle your case before to trial may help your case. But before you do, you should be certain that you are well-informed about your situation and aware of how to safeguard your legal rights.

Attorney General of Arizona

The state attorney general represents the state in court, as opposed to the district or county attorneys who represent their individual jurisdictions. Additionally, the Attorney General’s Office prosecutes cases on behalf of injured Arizonans and enforces consumer protection statutes.

Collaborating With a Lawyer

You can get help from a criminal defense lawyer in dealing with the prosecution. The prosecutors in their county are better known to local criminal defense lawyers, and some of them may even have a solid working connection. This can be advantageous for their clients during any pre-trial proceedings. You can develop your defense plan based on the evidence in your case with the assistance of a defense attorney as well.

Most significantly, in contrast to a prosecutor, a criminal defense lawyer is in charge of making sure that your rights are upheld throughout the criminal justice process. Consult with a knowledgeable defense attorney before approaching the prosecutor’s office if you’re considering doing so.

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Written by Canterbury Law Group

Domestic Violence Law: Violence Against Women Act (VAWA)

The 1994 Violence Against Women Act (VAWA), with additions passed in 1996, outlined grant programs to prevent violence against women and established a national domestic violence hotline. In addition, new protections were given to victims of domestic abuse, such as confidentiality of new address and changes to immigration laws that allow a battered spouse to apply for permanent residency.

The key provisions of the Violence Against Women Act are:

  • Full funding of rape kits and legal/court fees for domestic violence protection orders
  • Victim protection orders are recognized and enforced in all state, tribal, and territorial jurisdictions within the U.S.
  • Implementation and funding of special domestic violence crime units in local communities
  • Special domestic violence and sexual violence training for law enforcement officers
  • Ability of tribal courts to try non-Indian spouses or intimate partners of Indian women in domestic or dating violence cases
  • Provision allowing undocumented immigrants who are the victims of domestic violence to apply for a green card in exchange for helping law enforcement officials prosecute their abusers
  • Misdemeanor Conduct

According to the VAWA Act, a misdemeanor crime of domestic violence, “has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.” (Section 921(a)(33)(A)).

Under these guidelines, an intimate partner is a spouse, a former spouse, a person who shares a child in common with the victim, or a person who cohabits or has cohabited with the victim.

Traveling Restrictions

Another area this act addresses is interstate traveling for the purposes of committing an act of domestic violence or violating an order of protection. A convicted abuser may not follow the victim into another state, nor may a convicted abuser force a victim to move to another state. Previously, orders of protection issued in one jurisdiction were not always recognized in another jurisdiction.

The VAWA specifies full faith and credit to all orders of protection issued in any civil or criminal proceeding, or by any Indian tribe, meaning that those orders can be fully enforced in another jurisdiction. Other states recognize orders of protection issued in other jurisdictions.

Landmark Cases on Interstate Provisions

There are several landmark cases that have been decided under these interstate provisions. For example, in United States v. Rita Gluzman (NY), the defendant traveled from New Jersey to New York with the intention of killing her estranged husband. The weapons she took with her were used in the murder. The Second Circuit upheld the VAWA provision over the defendant’s constitutional challenge, and Gluzman was convicted for this crime.

VAWA originally allowed victims of domestic abuse to sue for damages in civil court. However, this part of the VAWA was overturned by the U.S. Supreme Court in United States v. Morrison (2000), wherein the court held that Congress did not have the authority to implement such a law.

VAWA Impact on Domestic Violence Arrest Policies

Another goal of the Violence Against Women Act was to influence state legislators, particularly in regard to arrest policy for domestic situations. In order to receive federal funding, states must adopt certain responses.

The Act authorizes grants to states, “to implement mandatory arrest or pro-arrest programs and policies in police departments, including mandatory arrest programs and policies for protection order violations.” VAWA has had a profound effect on state laws governing domestic abuse.

Questions About Federal Domestic Violence Law? Talk to an Attorney

If you or someone you know has been accused of domestic violence, whether interstate abuse, stalking, or something else, you should strongly consider speaking with an attorney. Furthermore, if you’ve been the victim of domestic violence, you’ll likely have many legal questions moving forward. Start the process by contacting an experienced family law attorney today.

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Written by Canterbury Law Group

Filing A Domestic Violence Lawsuit

For those who have been wrongfully damaged by another party, tort law offers civil legal remedies, typically in the form of monetary compensation or injunctive relief (the court directing one party to perform certain acts or refrain from performing others). Continue reading to discover more about bringing a civil action for domestic abuse.

Criminal Cases Do Not Preclude a Victim from Filing a Civil Lawsuit

It’s a prevalent fallacy that a person cannot be tried in civil court for the same claim after being tried in criminal court. That is untrue. Consider the Goldman v. Simpson case. Although Ron Goldman’s murderer O.J. Simpson was found not guilty in a criminal trial, Goldman’s parents successfully sued Simpson in a civil court for monetary damages.

You can still file a civil lawsuit against your abuser even if they have already been found guilty of a crime or you have a restraining order against them. Only when there are several criminal charges for the same offense does the idea of double jeopardy apply; this is not the situation in civil proceedings.

A family member being sued

Historically, courts have prohibited family members from bringing tort claims against one another. Concerns about the breakdown of the family were the driving force for this statute. Today, the majority of state courts have abandoned this practice on the grounds that if family members have tort claims against one another, the family structure has likely already disintegrated and the aggrieved parties should be allowed to present their case in court.

Currently, Louisiana is the only state in the U.S. that still forbids spouses from suing one another, with certain exceptions. Spouses may, nevertheless, bring deliberate tort claims against one another. Any intentional wrongdoing that results in injury to another person is referred to as an intentional tort. Due to the fact that many types of domestic violence are intentional torts, such as battery, assault, and psychological abuse, they may give rise to legal claims even in jurisdictions where family-related lawsuits are typically prohibited. If the abuser was stalking, threatening, or causing property damage, another tort action called intentional infliction of emotional distress may also be brought.

Prior to filing a domestic violence lawsuit, things to think about
Victims of domestic violence are frequently deprived of their sense of control and their means of expressing their emotions. Suing you can give your abuser emotional relief and a sense of control. Victims of domestic violence may be eligible for the following forms of damages:

Lost income
Medical costs
Distress and suffering
Punitive damages, which are only permitted in particular states.

Remember that any lawsuit involves a huge lot of stress. Due to the pressure on familial ties, lawsuits involving family members can be considerably more unpleasant. For victims, it is frequently difficult enough to simply call the police or request a restraining order against their abusers. It might be as difficult to prosecute the abuser in court. Victims may, however, be prepared to fight back if they become aware of their predicament. Taking their abuser to court may provide victims with some measure of closure—a means to put the past behind them and begin again.

It can be highly expensive to litigate. But courts have the power to order the abuser to cover your costs. Although it is uncommon in these kinds of situations, lawyers may accept contingency fees in claims involving monetary damages. You won’t have to pay an attorney under this fee agreement if you hire them to represent you if you win the lawsuit. To put it clearly, it matters if your abuser has the financial means or other assets necessary to cover damages when deciding whether to pursue a domestic violence lawsuit.

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Written by Canterbury Law Group

Understanding Domestic Violence

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.

Domestic violence used to be a secret to be “kept in the family” or swept under the rug. But it’s now more prevalent in news and media than ever before. As a result, a lot of people are thinking about what constitutes domestic violence. Why do people stay in abusive relationships? How can family and friends help a loved one leave an abusive partner?

This Domestic Violence section provides resources for victims of domestic abuse and those who love them. If you need immediate help, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

Findlaw’s Domestic Violence section is divided into four parts.

  • An overview of domestic violence: These articles define the different types of abuse and how to recognize signs of abuse. There are articles that explain battered women’s syndrome and why some victims recant after finally speaking out. It also provides the history of legal intervention.
  • Domestic violence laws: These articles cover the Violence Against Women Act (VAWA), the Domestic Violence Offender Gun Ban, and state domestic violence laws.
  • How to stop domestic violence: These articles can help victims file for a restraining order and file a domestic violence lawsuit. They explain who is a mandatory reporter and who you can turn to for help. You will also find a guide to stop domestic violence.
  • Domestic violence resources: In this section you will find a list of domestic violence organizations and hotlines. At the state level, this listing includes domestic violence programs and state forms to file for a protective order.

Domestic Violence, Legally Defined

Domestic abuse is a top public health concern. Homicide by an intimate partner is one of the leading pregnancy-associated causes of death, according to research. And yet many people do not understand the scope of abusive behavior. Early in their intimate relationship, victims may not realize they are experiencing domestic violence. They fail to take action and then it escalates.

The National Domestic Violence Hotline defines domestic abuse as “a pattern of abusive behaviors used by one person to gain or maintain control over another person in an intimate relationship.”

The victim is often a spouse (male or female). But they can also be a dating partner, a child or parent, a family member, or a roommate. It is a person with whom the abuser is in close proximity.

Most people think of domestic abuse as battering or assault, but there are several types of abuse:

  • Physical abuse is most likely to be seen by coworkers or health care providers. Victims often find ways to hide the evidence of the abuser’s violent behavior. But physical violence can lead to physical injury requiring medical care.
  • Sexual abuse may not be understood by the victim as abuse until it becomes sexual violence. Non-consensual sex, even within marriage, is sexual assault. Young people, in particular, need to be educated about dating violence.
  • Emotional abuse causes the victim to feel intense emotional distress. The abuser may verbally demean and socially humiliate their victim. They may engage in name-calling. Emotional abuse damages the victim’s self-esteem and sense of self-worth. Stalking, harassment, and threats are forms of emotional abuse; They are designed to instill fear in the victim.
  • Psychological abuse is controlling behavior that damages the victim’s mental health. They may think they are going crazy. They may develop post-traumatic stress disorder (PTSD).
  • Economic abuse or financial abuse is an extension of the abuser’s need for control. They may prevent a spouse from earning money or from having access to money. An abuser may steal money from an elder parent with whom they live.

Punishing Domestic Violence

While law enforcement once turned a blind eye to intimate partner violence, state laws now require an arrest and mandate penalties. Restraining orders are easier to get, at least initially. And federal and state laws are in place to prevent abusers from owning guns.

Survivors of domestic violence can sue their abusers in civil court to recover damages for their injuries.

Unfortunately, these remedies are only available after the abusive behavior or physical violence has already occurred.

Preventing Domestic Violence

Nationally, there is a loud call to end domestic violence.

Domestic abuse nonprofits and governmental agencies exist in every state. They provide information and training on how to identify the warning signs of abuse. They provide practical resources to help survivors of domestic violence create a safety plan to exit dangerous relationships. They provide referrals for safe places to shelter and offer victim hotlines in a variety of languages. And they undertake legal advocacy.

Help is a phone call away. But as many victims know, that phone call and those first steps can be extremely dangerous. Their lives are often at stake. If the U.S. wants to end the scourge of family violence, it needs to provide human services resources and physical and financial support to help victims break free once and for all.

The prevalence of domestic violence is arguably one of the top health concerns in the country. Understanding its definition can help you to take more effective action against its many manifestations of abuse.

In some cases, abusers may not even realize that they’re inflicting domestic violence on someone else. On the flip side, victims may not take action against their abusers if they don’t realize that the behavior they’re experiencing is indeed domestic violence.

 

Moreover, friends and loved ones of victims are in a better place to help if they understand what domestic violence looks like. Therefore, it’s important that people understand the definition of domestic violence and the many forms it can take.

This article provides helpful information about domestic violence. If you or someone you know are suffering from domestic violence, get immediate access to resources here.

Definition of Domestic Violence: Types of Abuse

According to the United States Department of Justice Office on Violence Against Women, the definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Many types of abuse are included in the definition of domestic violence:

  • Physical abuse can include hitting, biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching, etc. (any type of violent behavior inflicted on the victim). Physical abuse also includes denying someone medical treatment and forcing drug/alcohol use on someone.
  • Sexual abuse occurs when the abuser coerces or attempts to coerce the victim into having sexual contact or sexual behavior without the victim’s consent. This often takes the form of marital rape, attacking sexual body parts, physical violence that is followed by forcing sex, sexually demeaning the victim, or even telling sexual jokes at the victim’s expense.
  • Emotional abuse involves invalidating or deflating the victim’s sense of self-worth and/or self-esteem. Emotional abuse often takes the form of constant criticism, name-calling, injuring the victim’s relationship with his/her children, or interfering with the victim’s abilities.
  • Economic abuse takes place when the abuser makes or tries to make the victim financially reliant. Economic abusers often seek to maintain total control over financial resources, withhold the victim’s access to funds, or prohibit the victim from going to school or work.
  • Psychological abuse involves the abuser invoking fear through intimidation; threatening to physically hurt himself/herself, the victim, children, the victim’s family or friends, or the pets; destruction of property; injuring the pets; isolating the victim from loved ones; and prohibiting the victim from going to school or work.
  • Threats to hit, injure, or use a weapon are a form of psychological abuse.
  • Stalking can include following the victim, spying, watching, harassing, showing up at the victim’s home or work, sending gifts, collecting information, making phone calls, leaving written messages, or appearing at a person’s home or workplace. These acts individually are typically legal, but any of these behaviors done continuously result in a stalking crime.
  • Cyberstalking refers to online action or repeated emailing that inflicts substantial emotional distress on the recipient.

Definition of Domestic Violence: Victims

Definitions of domestic violence recognize that victims can include anyone, regardless of socioeconomic background, education level, race, age, sexual orientation, religion, or gender. Domestic violence was formerly referred to as wife abuse. However, this term was abandoned when the definition of domestic violence was changed to reflect that wives are not the only ones who can fall victim to domestic violence. The definition of domestic violence now recognizes that victims can be:

  • Spouses
  • Sexual/Dating/Intimate partners
  • Family members
  • Children
  • Cohabitants

Many people think that a victim of domestic violence can only obtain a protective order against a spouse. This is actually a myth. Most states allow victims of abusive cohabitant lovers to obtain protective orders (also referred to as temporary restraining orders or emergency protective orders). Some states allow victims of abusive adult relatives, roommates, or even non-cohabitating partners to obtain protective orders. The laws in each state are different, so check the most updated laws in your state.

Dating Violence

Dating violence is another form of domestic violence. The Violence Against Women Act defines dating violence according to the relationship between the abuser and the victim. Dating violence is committed by a person in a social, romantic, or intimate relationship with the victim. The existence of such a relationship is determined using the following factors:

  • The length of the relationship
  • The type of relationship
  • The partners’ frequency of interaction

Does the Definition of Domestic Violence Apply to Your Situation? Ask an Attorney

A complete definition of domestic violence encompasses many forms of abuse and negative behavior. Domestic violence is a destructive crime that carries life-altering damage to everyone involved.

Legal Help for Victims of Crime

If you feel unsafe in your home or relationship, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or call 911. An experienced family law attorney can assist you with everything from talking to the police to filing for protective orders and a civil lawsuit.

Source

https://www.findlaw.com/family/domestic-violence.html

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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Written by Canterbury Law Group

Domestic Violence

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.

Domestic violence used to be a secret to be “kept in the family” or swept under the rug. But it’s now more prevalent in news and media than ever before. As a result, a lot of people are thinking about what constitutes domestic violence. Why do people stay in abusive relationships? How can family and friends help a loved one leave an abusive partner?

This Domestic Violence section provides resources for victims of domestic abuse and those who love them. If you need immediate help, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

Findlaw’s Domestic Violence section is divided into four parts.

  • An overview of domestic violence: These articles define the different types of abuse and how to recognize signs of abuse. There are articles that explain battered women’s syndrome and why some victims recant after finally speaking out. It also provides the history of legal intervention.
  • Domestic violence laws: These articles cover the Violence Against Women Act (VAWA), the Domestic Violence Offender Gun Ban, and state domestic violence laws.
  • How to stop domestic violence: These articles can help victims file for a restraining order and file a domestic violence lawsuit. They explain who is a mandatory reporter and who you can turn to for help. You will also find a guide to stop domestic violence.
  • Domestic violence resources: In this section you will find a list of domestic violence organizations and hotlines. At the state level, this listing includes domestic violence programs and state forms to file for a protective order.

Domestic Violence, Legally Defined

Domestic abuse is a top public health concern. Homicide by an intimate partner is one of the leading pregnancy-associated causes of death, according to research. And yet many people do not understand the scope of abusive behavior. Early in their intimate relationship, victims may not realize they are experiencing domestic violence. They fail to take action and then it escalates.

The National Domestic Violence Hotline defines domestic abuse as “a pattern of abusive behaviors used by one person to gain or maintain control over another person in an intimate relationship.”

The victim is often a spouse (male or female). But they can also be a dating partner, a child or parent, a family member, or a roommate. It is a person with whom the abuser is in close proximity.

Most people think of domestic abuse as battering or assault, but there are several types of abuse:

  • Physical abuse is most likely to be seen by coworkers or health care providers. Victims often find ways to hide the evidence of the abuser’s violent behavior. But physical violence can lead to physical injury requiring medical care.
  • Sexual abuse may not be understood by the victim as abuse until it becomes sexual violence. Non-consensual sex, even within marriage, is sexual assault. Young people, in particular, need to be educated about dating violence.
  • Emotional abuse causes the victim to feel intense emotional distress. The abuser may verbally demean and socially humiliate their victim. They may engage in name-calling. Emotional abuse damages the victim’s self-esteem and sense of self-worth. Stalking, harassment, and threats are forms of emotional abuse; They are designed to instill fear in the victim.
  • Psychological abuse is controlling behavior that damages the victim’s mental health. They may think they are going crazy. They may develop post-traumatic stress disorder (PTSD).
  • Economic abuse or financial abuse is an extension of the abuser’s need for control. They may prevent a spouse from earning money or from having access to money. An abuser may steal money from an elder parent with whom they live.

Punishing Domestic Violence

While law enforcement once turned a blind eye to intimate partner violence, state laws now require an arrest and mandate penalties. Restraining orders are easier to get, at least initially. And federal and state laws are in place to prevent abusers from owning guns.

Survivors of domestic violence can sue their abusers in civil court to recover damages for their injuries.

Unfortunately, these remedies are only available after the abusive behavior or physical violence has already occurred.

Preventing Domestic Violence

Nationally, there is a loud call to end domestic violence.

Domestic abuse nonprofits and governmental agencies exist in every state. They provide information and training on how to identify the warning signs of abuse. They provide practical resources to help survivors of domestic violence create a safety plan to exit dangerous relationships. They provide referrals for safe places to shelter and offer victim hotlines in a variety of languages. And they undertake legal advocacy.

Help is a phone call away. But as many victims know, that phone call and those first steps can be extremely dangerous. Their lives are often at stake. If the U.S. wants to end the scourge of family violence, it needs to provide human services resources and physical and financial support to help victims break free once and for all.

The prevalence of domestic violence is arguably one of the top health concerns in the country. Understanding its definition can help you to take more effective action against its many manifestations of abuse.

In some cases, abusers may not even realize that they’re inflicting domestic violence on someone else. On the flip side, victims may not take action against their abusers if they don’t realize that the behavior they’re experiencing is indeed domestic violence.

 

Moreover, friends and loved ones of victims are in a better place to help if they understand what domestic violence looks like. Therefore, it’s important that people understand the definition of domestic violence and the many forms it can take.

This article provides helpful information about domestic violence. If you or someone you know are suffering from domestic violence, get immediate access to resources here.

Definition of Domestic Violence: Types of Abuse

According to the United States Department of Justice Office on Violence Against Women, the definition of domestic violence is a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner. Many types of abuse are included in the definition of domestic violence:

  • Physical abuse can include hitting, biting, slapping, battering, shoving, punching, pulling hair, burning, cutting, pinching, etc. (any type of violent behavior inflicted on the victim). Physical abuse also includes denying someone medical treatment and forcing drug/alcohol use on someone.
  • Sexual abuse occurs when the abuser coerces or attempts to coerce the victim into having sexual contact or sexual behavior without the victim’s consent. This often takes the form of marital rape, attacking sexual body parts, physical violence that is followed by forcing sex, sexually demeaning the victim, or even telling sexual jokes at the victim’s expense.
  • Emotional abuse involves invalidating or deflating the victim’s sense of self-worth and/or self-esteem. Emotional abuse often takes the form of constant criticism, name-calling, injuring the victim’s relationship with his/her children, or interfering with the victim’s abilities.
  • Economic abuse takes place when the abuser makes or tries to make the victim financially reliant. Economic abusers often seek to maintain total control over financial resources, withhold the victim’s access to funds, or prohibit the victim from going to school or work.
  • Psychological abuse involves the abuser invoking fear through intimidation; threatening to physically hurt himself/herself, the victim, children, the victim’s family or friends, or the pets; destruction of property; injuring the pets; isolating the victim from loved ones; and prohibiting the victim from going to school or work.
  • Threats to hit, injure, or use a weapon are a form of psychological abuse.
  • Stalking can include following the victim, spying, watching, harassing, showing up at the victim’s home or work, sending gifts, collecting information, making phone calls, leaving written messages, or appearing at a person’s home or workplace. These acts individually are typically legal, but any of these behaviors done continuously result in a stalking crime.
  • Cyberstalking refers to online action or repeated emailing that inflicts substantial emotional distress on the recipient.

Definition of Domestic Violence: Victims

Definitions of domestic violence recognize that victims can include anyone, regardless of socioeconomic background, education level, race, age, sexual orientation, religion, or gender. Domestic violence was formerly referred to as wife abuse. However, this term was abandoned when the definition of domestic violence was changed to reflect that wives are not the only ones who can fall victim to domestic violence. The definition of domestic violence now recognizes that victims can be:

  • Spouses
  • Sexual/Dating/Intimate partners
  • Family members
  • Children
  • Cohabitants

Many people think that a victim of domestic violence can only obtain a protective order against a spouse. This is actually a myth. Most states allow victims of abusive cohabitant lovers to obtain protective orders (also referred to as temporary restraining orders or emergency protective orders). Some states allow victims of abusive adult relatives, roommates, or even non-cohabitating partners to obtain protective orders. The laws in each state are different, so check the most updated laws in your state.

Dating Violence

Dating violence is another form of domestic violence. The Violence Against Women Act defines dating violence according to the relationship between the abuser and the victim. Dating violence is committed by a person in a social, romantic, or intimate relationship with the victim. The existence of such a relationship is determined using the following factors:

  • The length of the relationship
  • The type of relationship
  • The partners’ frequency of interaction

Does the Definition of Domestic Violence Apply to Your Situation? Ask an Attorney

A complete definition of domestic violence encompasses many forms of abuse and negative behavior. Domestic violence is a destructive crime that carries life-altering damage to everyone involved.

Legal Help for Victims of Crime

If you feel unsafe in your home or relationship, call the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or call 911. An experienced family law attorney can assist you with everything from talking to the police to filing for protective orders and a civil lawsuit.

Source

https://www.findlaw.com/family/domestic-violence.html

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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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. 480-744-7711 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. 480-744-7711 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. 480-744-7711 or [email protected]

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