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Written by Canterbury Law Group

Obtaining a Restraining Order in Arizona

The Scottsdale family law attorneys at Canterbury Law Group have expertise on Arizona protective orders. According to our state law, protective orders can be issued against a person for reasons including making repeated unwanted phone calls, emails, texts, physically injuring a person, threatening physical injury, trespassing on a person’s property or sending a person unsolicited and constant messages.

If you are in need of a restraining order, call us immediately.  If someone you know may need protective help, here is some information to consider:

  • Restraining orders are often issued to abusers that have recently lived in the household of another or who have lived in the same household as the victim in the past. Household members could be but are not necessarily limited to ex-spouses, ex-partners, past boyfriends or girlfriends, siblings, children or parents.
  • There is a legal procedure for obtaining a restraining order in the state of Arizona including requiring the victim to complete legal forms. Canterbury Law Group helps clients navigate these often- tedious legal forms. Afterwards, a hearing is conducted to determine if a restraining order is indeed necessary.
  • Arizona restraining order laws cover a wide variety of issues. Some are more temporary than others, and the exact length of time of each order which is granted depends upon the severity of the facts of the case.
  • According to Arizona restraining order laws, it is possible for another person to file a restraining order on a victim’s behalf. This can be done if the victim is incapacitated as a result of injury not necessarily directly related to the abuse and/or if the victim is a minor and the parent or guardian wishes to file. A person can file for another person if the person desiring the order is in some other way temporarily or permanently unable to file for the order.

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 and help you navigate the legal issues that arise.  If you seek to quash an order issued against you, the firm is equally well versed in defending protective orders.

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5 Types of Protective Orders in Arizona

Canterbury Law Group specializes in obtaining orders of protection in Scottsdale. In Arizona there are five types of protective orders:

Order of Protection – A person who believes her/his safety is in danger due to domestic violence or harassment can ask the court for an Order of Protection or an Injunction Against Harassment. An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, such as removing firearms from the home, adding other people to the protective order, and exclusive use of the home. However, it is only a piece of paper. You must also take steps to insure your safety.

Emergency Order of Protection – An Emergency Order of Protection is also a legal restraint to prevent domestic violence. An Emergency Order may be granted by an authorized judicial officer in writing, verbally or by telephone for the protection of a person in “imminent and present danger of domestic violence.” An Emergency Order may be used to order a person not to commit acts of domestic violence or contact people protected by the order. Similar to the Order of Protection, it also provides protective relief, such as exclusive use of the home and removing firearms from an abuser. Unless continued by the court, an Emergency Order is valid only until the close of the next day of judicial business following the day that the Emergency Order was issued.

Release Order -In rural counties where it is not required that a judicial officer be designated to issue Emergency Orders when the courts are closed, emergency protection is available through a registered Release Order. Arizona law provides that, when a person arrested for an act of domestic violence is released from custody, any Release Order shall include pretrial release conditions necessary to protect the alleged victim and other specifically designated persons. Within twenty-four hours after a defendant is arrested for an act of domestic violence, the court must forward a certified copy of the Release Order to the sheriff of the county in which the Order was issued for registration. The sheriff must maintain a central repository for Release Orders so the existence and validity of the Release Order may be easily verified. Law enforcement agencies are required to advise domestic violence victims where registration and the conditions of a Release Order may be verified. Faced with a violation of a Release Order, a victim may summon a peace officer to enforce the conditions of the Order against the defendant.

Injunction Against Harassment – The Injunction Against Harassment orders a person to stop harassing, annoying or alarming another person. Injunctions can be used for disputes against neighbors, strangers, and people who are or were dating. Harassment is defined as: “a series of acts over any period of time that is directed at a specific person….” The relationship between you and the other person determines which protective order will be used for your situation. The Injunction Against Harassment differs from the Order of Protection in that exclusive use of the home cannot be ordered and the police are not mandated to serve the Injunction.

What is the Injunction Against Workplace Harassment – The Injunction Against Workplace Harassment is the newest protective order available in Arizona. It allows an employer or an agent of an employer to file for relief on behalf of all employees at the workplace, any person who enters the employer’s property and any person who is performing official work duties. This allows the inclusion of numerous people under the protective umbrella of this Injunction, whereas the “personal” Injunction Against Harassment is usually between two people. Harassment for this injunction is defined as: “a single threat or act of physical harm or damage or a series of acts over a period of time that would cause a reasonable person to be seriously alarmed or annoyed.” A qualification was included which ensures that the employer may not seek an injunction primarily to accomplish a purpose for which it was not designed (i.e. prohibit free speech or other activities that are constitutionally or otherwise protected by law.)

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence. Contact our Scottsdale lawyers today to schedule your consultation.

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Written by Canterbury Law Group

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. 480-240-0040 or [email protected]

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Scottsdale Domestic Violence: Civil Law and Criminal Law

The attorneys at Canterbury Law Group help clients obtain orders of protection in Scottsdale. We also assist in determining if your domestic violence case is a civil or criminal case.
In domestic violence situations, there may be both civil and criminal matters occurring at the same time as a result of the same violent act. You may want to pursue both civil and criminal actions for maximum protection. The major differences have to do with who takes the case to court, the reason for the case, and the possible penalties.

  • Civil Law – In a civil domestic violence action, you are asking the court to protect you from the person abusing you. You are not asking the court to send that person to jail for committing a crime. However, if the abuser violates the civil court order, s/he may be sent to jail for the violation. In a civil case, you are the person bringing the case against the abuser and (in most circumstances), you have the right to withdraw (drop) the case if you want to. A Scottsdale order of protection is requested in civil court. Once granted, they usually are valid for a period of one year and they sometimes can be renewed by the person originally obtained the order of protection.
  • Criminal Law – In stark contrast, the criminal law system handles all cases that involve violations of criminal law such as harassment, assault, murder, theft, etc. As such, only the government, via the local prosecutor or grand jury can make the final decision to “bring charges” against the bad actor who has engaged in bad acts.
    A criminal complaint involves your abuser being charged with a crime. In a criminal case, the prosecutor (also called the district attorney) is the one who has control over whether the case against the abuser continues or not. It is the county/state who has brought the case against the abuser, not the victim. It is possible that if you do not want the case to continue (if you do not want to “press charges”), the prosecutor might decide to drop the criminal charges but this is not necessarily true. The prosecutor can also continue to prosecute the abuser against your wishes and can even issue a subpoena (a court order) to force you to testify at the trial live under oath.

It is essential to contact an attorney to evaluate and invoke your rights when dealing with domestic violence either when allegations are brought against you, or where you bring them against another. Contact our Scottsdale lawyers today to schedule your consultation. www.clgaz.com 480-240-0040.

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Scottsdale Family Attorneys at Canterbury Law Group

The Scottsdale family attorneys at Canterbury Law Group handle all types of Phoenix and Scottsdale family law matters including divorce, child custody, paternity, prenuptial agreements, postnuptial agreements, spousal maintenance, Decree enforcement, child relocation, father’s rights, mother’s rights and grandparents’ rights.

If you are not sure whether or not you need a family law attorney in Scottsdale, here is an outline of what our lawyers can likely help you with:

  • Divorce – Whether you are considering filing for divorce or you’ve already been served with a divorce petition, it is critical to speak with an attorney immediately to assess your legal rights and take the necessary steps to protect them. Every situation is unique and our attorneys are well equipped to provide you with the tools to make the best decision that suits your particular situation.
  • Prenups/Postnups – Prenuptial and postnuptial agreements can be smart financial planning tools for all marriages but are especially common in second and third marriages, for business owners and/or when one partner has a large inheritance (received or expected in the future
  • Father’s Rights – Our attorneys are experienced in helping Fathers get fair and equitable treatment by the courts in Phoenix, Scottsdale and Arizona.
  • Child Custody – Typically when parents cannot mutually agree on a child-rearing plan, the court will often establish a plan that both parents must follow concerning the children’s health and welfare. Arizona law requires that the best interest of the child be the lead consideration above any other.
  • Alimony – Spousal maintenance is where one spouse pays the other spouse monthly support payments for a defined term of months or years after the divorce is final to help the less wealthy spouse transition to the next phase of their life and ideally for them to be come self-sufficient.
  • Paternity – When a couple has children without being married, they should still legally establish who the lawful father of the child is, as well as determine what rights and obligations exist toward the child. Get your court orders now, while the child is young—do not wait until later.
  • Relocation – Out of state relocation by parents and children has become a common issue in family law and is taken extremely seriously as it often has a profound impact on all involved. As a result, Arizona has very detailed laws which outline specific requirements and guidelines for cases involving a parent who wishes to relocate the child or to prevent child relocation out of state.
  • Grandparents – Once a grandparents’ rights petition is filed, the court will consider several specific statutory factors to determine whether a court-ordered grandparent visitation is in the best interest of the child. These rights cannot be pursued unless at least one parent is dead or the parents are divorced.

Ultimately, we realize that hiring a Scottsdale family attorney can be a challenging task. Call the lawyers at Canterbury Law Group today to schedule you consultation. 480-240-0040

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Restraining Orders and Orders of Protection in Scottsdale

Survivors of domestic violence have several civil and criminal options to protect themselves from further abuse. If you’re looking to determine your legal options, the family law attorneys at Canterbury Law Group have extensive knowledge on orders of protection in Scottsdale and restraining orders in Scottsdale.

Our attorneys operate in many areas of family law, including helping clients obtain a restraining order in Scottsdale. If you’re considering getting legal help, here are common questions you might ask.

1. What is a restraining order? A restraining order is a court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of the violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record.

2. Who can get a restraining order? A victim of domestic violence can obtain a restraining order. A victim of domestic abuse means a person protected by the law and shall include any person who has been subjected to domestic abuse by a spouse, or any other person who is a present or former household member and where the victim is 18 years of age or older or who is an emancipated minor.

3. What does a restraining order do? If you are a victim of domestic violence, a judge can sign an order that requires the abuser to obey the court. The protective order is very specific in as far as what the abuser can and can’t do.

  • The abuser can be ordered not to have any contact with you, in person or by phone, text or emails at home, work, or almost anywhere you ask the court to put in the order.
  • The court can order the abuser to leave the house or apartment that you and the abuser share; even if it is in the abuser’s name.
  • Except in unusual situations, the court may grant you custody of your minor children. In some states, the court can also order the abuser to pay child support and support for you. The abuser may also be granted visitation with the child/children under certain conditions. If the children are in danger of abuse, let the judge know.
  • In some states the court may also order the abuser to pay for costs that resulted from the abuse, for example; household bills that are due right away, medical/dental treatment, moving expenses, loss of earnings. The judge can also make the abuser pay your attorney’s fees, and can make the abuser pay damages to you or other people that helped you or got hurt by the abuser.
  • The judge may order the abuser to receive professional domestic violence counseling.
  • The judge can order the police to escort the abuser to remove personal items from the residence, or shared place of business so that you are protected by the police during any necessary contact.
  • The judge has the power under the law to order anything else that will help to protect you, as long as you agree to it.

If you need an order of protection in Scottsdale Arizona, Canterbury Law Group can help you. Contact us today to schedule a consultation. 480-240-0040.

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Order of Protection Used to Stop Domestic Violence

The Scottsdale attorneys at Canterbury Law Group help survivors of domestic violence utilize legal protection options to defend themselves from further abuse, including obtaining an order of protection. An order of protection is long term, typically for one to five years, and in extreme circumstances, for up to a lifetime. A victim can also renew the order of protection if he or she still feels threatened by his or her abuser.

An order of protection may include many different provisions, including:

  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Peaceful Contact Provision – Permitting the abuser to peacefully communicate with the victim for limited reasons, including care and transfer for visitation of their child
  • No Contact Provision – Prohibiting the abuser from calling, texting, emailing, stalking, attacking, hitting, or disturbing the victim
  • Stay Away Provision – Ordering the abuser to stay at least a certain number of yards or feet away from the victim, his or her home, job, school, and car. The stay-away distance can vary by state, judge or the lethality of the situation, but is often at least 100 yards or 300 feet
  • Move Out Provision – Requiring the abuser to move out of a home shared with the victim
  • Firearms Provision – Requiring the abuser to surrender any guns he or she possesses (about 2/3rds of states) and/or prohibiting the abuser from purchasing a firearm
  • Counseling Provision – Ordering the abuser to attend counseling, such as batterer’s intervention or anger management

Order of protections may also 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 any other listed individual, 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.

If you’re in need of protection, call us today to start the process of filing for an order or protection. Or if you have been recently served with an order of protection, and you feel wrongfully accused, you need to speak to a lawyer immediately. Delaying your response to an order of protection only makes it more challenging to have it quashed by a judge in court later. 480—240-0040. www.canterburylawgroup.com

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Requirements for Obtaining a Restraining Order

The Scottsdale divorce attorneys at Canterbury Law Group frequently represent clients when obtaining or defending restraining orders. If you are contemplating obtaining a restraining order, your situation must fit the criteria listed below. It is also important to note that a judge cannot give you a restraining order solely for threats, rude behavior, verbal or emotional abuse or damaged property unless you were in fear that you were about to be physically injured.

  • Age. You are at least 18 years old, or you are younger than 18 but the person who abused you is 18 or older. You are (or were) married to that person, or 2) you have been in a sexual relationship with that person. If you are over 18 and were protected by a restraining order as a child and that order is still in effect, you may ask the court to continue that order even if the person who asked for it does not want it extended.
  • Relationship. The person who abused you is: 1) your husband, wife or domestic partner; or 2) your former husband, wife or domestic partner; or 3) an adult with whom you are living (or did live) in a sexual relationship; or 4) an adult with whom you have been in a sexual relationship in the last two years; or 5) an adult related to you by blood, marriage (caution: legal marriage in this context is distinct from co-habitation) or adoption; or 6) the parent of your child.
  • What is meant by “abuse”? If in the last 180 days, the person you wish to restrain has: physically injured you; or tried to physically injure you; or made you afraid that he or she was about to physically injure you or made you have sexual relations against your wishes by using force or threats of force. (Note that any time period in which the person who abused you was in jail or lived more than 100 miles from your home does not count as part of the 180-day period. This means you may still be able to get a restraining order even if it has been more than 180 days since you were abused.)
  • Ongoing Danger. You are in danger of more abuse very soon, and the person who abused you is a threat to the physical safety of you or your children.

The legal team at Canterbury Law Group can help you navigate the legal procedures for your restraining order. Alternatively, if you have been served with a restraining order against you, we can help you invoke your right to an evidentiary hearing to have the order quashed. Contact us today to schedule your consultation. 480-240-0040.

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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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Written by Canterbury Law Group

5 Things To Know About A Restraining Order

The Scottsdale family law attorneys at Canterbury Law Group frequently represent clients when obtaining Restraining Orders. Often a critical matter, the law team at Canterbury offers 5 things you need to know about obtaining a Restraining Order.

  • 1. What is a restraining order? A court order intended to protect you from further harm from someone who has hurt you; to keep the abuser away from you, or to stop harassing you, or keep the abuser from the scene of violence, which may include your home, place of work, or apartment. It is a civil order and it does not give the abuser a criminal record.
  • 2. Who can get a restraining order? Any victim of domestic violence or a threat of imminent domestic violence can obtain a Restraining Order. This means the occurrence of one or more of the following acts committed against a victim by an adult or an emancipated minor:
    • Assault
    • Burglary
    • Criminal mischief
    • Criminal restraint
    • Terrorist threats
    • Criminal sexual contact
    • Criminal trespass
    • False imprisonment
    • Harassment
    • Homicide
    • Kidnapping
    • Lewdness
    • Sexual assault
    • Stalking
  • 3. What does a Restraining Order actually do? The order is very specific in as far as what the abuser can and can’t do.
    • The abuser can be ordered not to have any contact with you, in person or by phone, at home, work, or almost anywhere you ask the court to place inside the order.
    • The court can order the abuser to leave the house or apartment that you and the abuser share; even if it is in the abuser’s name.
    • Except in unusual situations, the court may grant you 100% custody of your minor children while the restraining order remains valid and in force. In some states, the court can also order the abuser to pay child support and personal support for you. The abuser may also be granted visitation with the child/children under certain supervised conditions. If the children are in danger of abuse, you should let the judge know why you think so and go see legal counsel immediately.
    • The judge may order the abuser to receive professional domestic violence counseling, or tell the abuser to get evaluated, or to go to AA.
    • The judge can order the police to escort the abuser to remove personal items from the residence, or shared place of business, so that you are protected by the police during any necessary contact.
    • The judge has the power under the law to order anything else that will help to protect you, as long as you agree to it.
  • 4. How long does the restraining order last? When you first get protection under the law, it is only temporary and called a T.R.O. for Temporary Restraining Order. In most states, if the abuser challenges the validity of the order, you must return to court on the date indicated in the T.R.O., which will be about 10 days later. Both you and the abuser will be asked to appear in court on that date. During the 10-day period, the police or Sheriff’s Office will serve the abuser with a copy of the order so the abuser will know when the hearing is scheduled. Keep a copy of the order with you and give a copy to the police in any town where you think the abuser might approach you.
  • 5. What happens once a restraining order is in place? If challenged by the abuser by filing an objection notice with the court, an immediate court date will be set and you will appear before a judge. Both you and the abuser will have the opportunity to tell the judge what happened between you. If the abuser does not appear at the hearing, the judge will either continue the temporary order in effect until the abuser can be brought into court, or will enter a final order if there is proof that the abuser was served with the T.R.O. If sustained by the Court after the abuser’s failed objection, restraining orders can last from 1 to 3 years depending on the state from which they are originally issued.