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.