What Happens If I Violate My Own Restraining Order?
Read on to learn more about restraining orders in Arizona and what happens if you violate your own restraining order.
What Is A Restraining Order?
A restraining order requires the parties named in a lawsuit to do certain things or not to do them. It could be part of a family law case (perhaps divorce) or a matter for the civil courts. Although this is not identical to a domestic violence restraining order, domestic violence is sometimes a factor in a family law case.
It may be the case orders are requested what is known as “ex parte” so that only one party asks the court to do a particular action without notice to the opponent, then the other party is permitted a hearing so their side of the story may be heard. As there are differences in restraining orders on a state-by-state basis. It is of great importance to consult with an attorney who is familiar with the law in the area you reside. If a criminal court case is pending, the district may or order (from the judge) a protection order for the victim of the crime.
Who Can Get A Restraining Order?
Courts can issue restraining orders for one of the following common parties:
- Harassers.
- Stalkers.
- Domestic abusers.
- Someone infringing on another’s copyrights.
- Employees/employers threatening to reveal sensitive information.
The most common reason for a restraining order to be issued is for the protection of women and children. No matter the state that the order is issued, the person who receives the order must respect it in all other U.S. states and territories.
How Long Do Restraining Orders Last?
In Arizona, 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.
Who Can Violate A Restraining Order?
The Arizona order of protection rules, for example, state that either party is capable of violating an existing restraining order. Even if the petitioner chooses to invite the defendant to a special occasion, doing so can bring legal action upon the petitioner.
In this case, the defendant can also get in trouble if he or she accepts the invitation. If the defendant is prohibited from contact via text, they could face legal consequences just for sending one message.
What Happens If You Violate Your Own Restraining Order?
In Arizona, Section J of Title 13-3602 states that every order of protection needs to include the following statement: “Warning: This is an official court order. If you disobey this order, you will be subject to arrest and prosecution for the crime of interfering with judicial proceedings and any other crime you may have committed in disobeying this order.”
If a violation of the restraining order occurs, the following legal actions could result:
- Fines.
- Immediate arrest.
- Jail time.
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.
Contact our Domestic Violence Attorneys in Scottsdale
Our domestic violence attorneys in Scottsdale can help with restraining orders and orders of protection. We will ensure thorough preparation of your restraining order or order of protection, or defense from them, and help you navigate the legal issues that inevitably arise.
*This information is not intended to be used as legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs. 480-744-7711 or [email protected]