Orders of Protection In Arizona
Need to file a restraining order or need help contesting a restraining order in Arizona? Our experienced Order of Protection Lawyers in Scottsdale, Arizona excel at having wrongfully obtained or fraudulent Orders of Protection quashed and thrown out of court. Do not delay in contacting an experienced OOP attorney immediately if you have been served with an OOP. We can also help with Injunctions Against Harrassment.
Orders of Protection in Arizona, also known as restraining orders, are binding injunctive commands issued by a Court to protect a spouse from being harmed, harassed or threatened by another spouse or co-parent. The legal standards for securing an order of protection vary depending on the history of the two parties’ relationship. It is essential to contact an attorney to evaluate and invoke your rights.
What is an Order of Protection in Arizona?
According to The Judicial Branch of Arizona, “A civil court order issued to prevent continuing acts of family violence. Family violence is defined as any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child.”
Experienced Order of Protection Lawyers in Scottsdale, AZ
Unfortunately, OOP’s are frequently used by spouses as a powerful divorce weapon. These partners will fabricate factual allegations of domestic violence or physical harm in an effort to have the other spouse removed from the martial residence, taken from the children, and have the spouse court-ordered to not speak with or see the “protected” spouse and/or children. OOPs are often immediately preceded or followed by divorce petitions by your opponent.
If you have been served with an Order of Protection and locked out of your residence, barred from retrieving your personal property and barred from seeing or speaking to your children-act immediately. Contact our lawyers in Scottsdale, Las Vegas or San Diego and to immediately mobilize your defense.
Upon written notice of objection to the Court, we can have you in Court within 5 to 10 court days for a full evidentiary hearing where we not only will seek to have the court vacate and quash the wrongful injunction, but we will set the record straight, clear your name and your reputation. If you ignore or let an Order of Protection ‘stand’–you are likely to face severe negative consequences in any concurrent divorce and are likely to highly dilute your custody rights.
If you are on the receiving end of a wrongful order of protection, contact us immediately. If you are currently experiencing a legal situation as such, here are answers to some of the more common questions you may have:
- What are the penalties of violating an order of protection in Scottsdale? If you violated the order of protection or injunction against harassment, you can be charged with Interfering with Judicial Proceedings (ARS 13-2810) and be found guilty of a Class 1 misdemeanor punishable by up to 1 year in jail as well as fines up to $2,500.If your violation of the order also constituted another offense (for instance harassment) you can and will be charged with this violating offense as well.
- Can a restraining order be removed? Sometimes restraining orders are issued without serious consideration, and are rarely contested by the person targeted. This means that not all orders of protection are warranted. If you feel that a protective order has been wrongly served on you, you can contest and have order removed by the judge.
- How do orders of protection affect my future? An order of protection in Scottsdale will show up on a criminal background check, so anyone doing such a check will know that there is a protective order against you. This could lead to significant consequences, including not getting a job or not passing an application to rent a home / apartment.
Do not delay in contacting an experienced order of protection attorney in Scottsdale if you’re battling a wrongful order. Schedule your consultation with Canterbury Law Group today.
How to File an Order of Protection in Scottsdale, Arizona?
According to City of Scottsdale Protective Orders, “The following forms may be printed and filed with the Court. All forms can be opened using Adobe Acrobat. NOTE: When filing a criminal motion you must submit a copy of the motion to the City Prosecutor’s office.”
What is an Injuction of Harrasment in Arizona?
An injunction against harassment prevents a person from harassing, alarming, or annoying another person. An injunction of harrasment can be filed against friends, neighbors, or strangers, with the assumption you know their name. A single act of harassment is not be enough to get an order.
What is an Restraining Order in Arizona?
According to the Arizona Legal Center, “A restraining order is also known as an order of protection when it relates to a family member or domestic partner, and injunction against harassment, when the parties are unrelated, or generally as a protective order. In simple terms, this is a civil order that prohibits any contact between the person filing a restraining order and the defendant named in the petition“.
Frequently Asked Questions
Our legal team works with clients every week on cases dealing with protective orders. If you’re considering an order or protection in Scottsdale, here are some questions you may have:
1. What is an Order of Protection? An order of protection is a court order intended to prevent acts of domestic violence. A person who believes that they themselves or a family member are or may become victims of domestic violence may submit a request (petition) to any court for the issuance of an order of protection. The person you want an order against must have committed or threatened to commit an act of domestic violence within the last year. A child may not be included in a protective order if the person against whom you are seeking the order is his/her parent, unless that person has committed domestic violence against the child. You must seek custody orders in a separate action in Superior Court.
2. Who can I file an order of protection against? An OOP can be filed against someone that is:
- A spouse or former spouse
- A person you now or did live with
- A parent, grandparent, child, grandchild, brother or sister, parent-in-law, stepparent, stepchild, brother-in-law or sister-in-law, or someone you have a child with
3. Where do I file a petition for an order of protection? A petition may be filed in your local court house during business hours. The petition should be filed in Superior Court if you are involved in a pending legal action related to divorce, legal separation, paternity, child support, custody or visitation or intend to file one of these actions within the next 30 days.
4. How do I file? You must complete the paperwork given to you by court staff. An order of protection can only be issued against the person. Each person you want to file against requires a separate petition. There is no fee for filing. After you complete the paperwork, you will be scheduled before a judge who will review your petition and either grant or deny the request.
5. What happens if the order is granted? If the judge grants the order, a member of the clerk’s staff will complete the paperwork for you. The defendant must be served with the order before it becomes effective. Court staff will explain how to arrange for service. There is no fee for serving the defendant. Once an order has been served, it will be in effect for twelve (12) months. It is important to keep a copy of the order of protection with you at all times. Alternatively, if you have been served with an OOP, you can demand a hearing, which shall take place within 10 days. It is critical you speak to a lawyer before ever demanding a hearing to quash an OOP.