Managing Out of State Court issued “Orders of Protection” While in Arizona
The family law attorneys at Canterbury Law Group in Scottsdale, AZ. help victims of domestic violence secure legal protection and navigate the way when dealing with out-of-state orders. They also help defend and quash false allegations from parents who wrongfully obtain orders of protection. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection. Here are some answers to common questions:
1. Can an out-of-state order of protection be enforced in Arizona?
Yes. An order of protection can be enforced in Arizona as long as:
It was issued to prevent violent or threatening acts, harassment or sexual violence against another person, or it was issued to forbid contact or communication with another person or it was issued to order the abuser to stay away from another person.
The court that issued the order had jurisdiction over the people and case – (in other words, the court had the authority or power to hear the case.)
The abuser received notice of the order and had an opportunity to present his/her side of the story in court.
2. Can an out-of-state protection order be changed, extended, or canceled in Arizona?
Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Arizona. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living.
If your order does expire while you are living in Arizona, you may be able to get a new one issued in Arizona but this may be challenging if no new incidents of abuse have occurred in Arizona. To find out more information on how to get a protective order in Arizona, visit our AZ Domestic Violence Orders of Protection page at www.canterburylawgroup.com
3. If granted temporary custody with a protection order, will you still have temporary custody of your children in AZ?
As long as the child custody provision complies with certain state and federal laws, Arizona can enforce a temporary custody order that is a part of a protection order and make it an order of an Arizona court depending on the facts and legal issues presented.
The family law team at Canterbury Law Group will help you and your loved ones stay safe. Call us today to schedule your consultation. 480-744-7711 or [email protected]