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The state of Arizona has specific types of orders for situations that involve harassment. An Order of Protection and an Injunction against harassment are the types of orders available. Each one that can be filed is based on the circumstances of why it is being requested and what it can do for a victim. If the wrong type of order is filed, there is a high chance that it will be denied.
Order of Protection
As defined by ARS 13-3601, an order of protection is filed against a person that has a personal relationship with the person filing such as:
- One of marriage or former marriage or of persons residing or having resided in the same household;
- The victim and the defendant have a child in common;
- The victim or the defendant is pregnant by the other party;
- The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law;
- The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant;
- A romantic relationship depending on the type of relationship, length, frequency of interaction, and if no longer in the relationship, how long ago it was terminated.
Injunction against Harassment
Any other types of relationship or a stranger will need to have an Injunction against harassment filed against them. It is important to have a clear definition of the relationship when filing with the court in order to get the proper response from the courts.
What happens when an order of protection is granted
Once an order of protection is filed, the case is taken before a judge. The person who is getting the order filed against, he or she, is not required to be in court for a decision to be made. Courts always take extra precaution if there is a victim that seems to be in danger or under threat. In these cases, orders of protection are granted more often than not and rather quickly.
After orders of protection are granted, the person that the victim filed against is served with a restraining order. The accused must leave his or her home if they are living with the person that filed the order. The person that filed has primary rights over their shared home and their children if they are in the home as well. Parental time can be disrupted by having to have supervised visits or scheduling transportation for the children by a third party. If the accused has firearms, they can be taken away for a minimum of 72 hours and up to six months by the police and stored at a courthouse. This order can also stop them from purchasing any more firearms during this time.
Challenging an Order of Protection
These types of protective orders can stay on a person’s permanent record. This is where a family law matter can cross into a criminal matter. If a background check is conducted, a ‘DV’ standing for ‘Domestic Violence’ will appear. This can have a lasting effect on a person’s life and career.
Since the primary purpose of these types of injunctions is to be used as a protective measure, the courts’ judges often accept them without a proper study of the case or the accused person’s version of events. Without excuse: safety is a right and should not be violated. There are instances, however, in which a person is wrongly accused of domestic violence when they are involved in an unhealthy relationship. This can take a toll on a person’s private and professional life, as well as financially and emotionally.
Appeals Process in Arizona
Orders of protection can be challenged in a court of law. At any point while the order of protection is in place, the accused may request a hearing to challenge the order. The process for the hearing is fairly quick and can be scheduled within five to ten days depending on the parameters of the order. Because of the weight that it carries, the order of protection should be challenged under the guidance of an Arizona family law attorney. Having been accused of domestic violence can lead to an uphill battle pleading your case against courts that tend to sway against reversing orders of protection. Having concrete evidence that the person was not in any danger and that that the order was not warranted is important to have. Having both an attorney and facts on your side can greatly increase the success of the case.
What JacksonWhite Family Law Can Do For You
The goal of the judge is to clear the issues at hand and ensure that all the parties involved are safe and protected. JacksonWhite Family law attorneys have the expertise and insight in the courtroom to navigate through the complex issues. Fighting this sort of order can force oneself to defend their character and right to live without unmerited punishment. JacksonWhite attorneys Tim Durkin and Jon McAvoy have the ability to communicate a clear version of events in a way that can give a judge the peace of mind enough the lift the order of protection.
Our legal team knows the importance of having these orders removed. Having these types of orders can affect other proceedings in progress, such as divorce or establishing paternity. An order of protection used as evidence against the accused can jeopardize the progress being made towards resolution. Tim Durkin and Jon McAvoy are devoted to cases and fight for the legal rights of their clients.
Call the Family Law Team at (480) 467-4348 to discuss your case today.
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