Written by Canterbury Law Group

Common Questions After Getting a Restraining Order

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.

Written by Canterbury Law Group

Deciphering Orders of Protection

Survivors of domestic violence have several civil lawsuit options to protect themselves from future abuse. At Canterbury Law Group, we often help clients navigate through these options to maximize their personal safety and security.

Emergency Protection Order – In some states, the police can give the victim (or person believed to be the victim) an Emergency Protection Order (EPO). An EPO is a short-term protection order typically given to a victim by the police or magistrate when his or her abuser is arrested for domestic violence. The EPO is generally for limited period, such as three or seven days. This permits the victim time with an EPO in place to request a longer-term protection order.

Order of Protection – All 50 states and the District of Columbia have statutes for some form of protective order. However, states call these orders different things such as protective orders, orders of protection and injunction for protection against domestic violence or injunctions against harassment.

A protective order is different from an EPO because it is longer term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can renew the protection order, if he or she still feels threatened by his or her abuser.

Protective orders may include children, other family members, roommates, or current romantic partners of the victim. This means the same “no contact” and “stay away” rules apply to the other listed individuals, even if the direct harm was to the victim. Some states allow pets to be protected by the same order, as abusers may harm pets to torment their victims.

Restraining Order – A restraining order is judge imposed court order requiring parties involved in a lawsuit to do or not do certain things. It may be part of a family law case, such as a divorce, or other civil codes. Restraining orders may be requested “ex parte” meaning that one party asks the court to do something without telling the other party. If the restraining order is granted ex parte, than the other party is later permitted a hearing to present their side of the story. This is often the process for protective orders also. As restraining orders also vary by state, it’s important to consult with an attorney familiar with the law where you live. Go to www.canterburylawgroup.com for more information.

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