The Scottsdale divorce attorneys at Canterbury Law Group receive many questions about restraining orders. Here are common questions that accumulate after a restraining order is obtained.
How long does a restraining order last?
A restraining order lasts for one year from the date the judge signed it or until it is quashed by a judge. If the judge believes you are still in danger, the restraining order can be renewed for one year at a time. To renew the order, you must file the court paperwork before the initial order expires.
What can I do if the restraining order is violated?
You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If the respondent is found guilty of violating a restraining order, he / she can be fined, placed on probation or put in jail.
What if I want to cancel the restraining order?
You must file legal paperwork at the courthouse to ask the judge to drop the order. The order remains in effect until the judge dismisses it, which may take a few days or weeks. Sometimes, the parties may agree to dismiss the restraining order and enter into a limited no-contact agreement to facilitate communication between the parties with respect to children and parenting time only. This should only be done if it is safe and through legal counsel.
Can the restraining order be changed once it’s in effect?
Only some parts of a restraining order can be changed, except at a hearing to contest the order that is requested by the person being restrained.
If you are dealing with a restraining order or are thinking of filing for one, contact Canterbury Law Group today. Our dedicated litigation attorneys in Scottsdale will ensure thorough preparation for your restraining order, or defense from same, and help you navigate the legal issues that inevitably arise.