An order of protection is a document obtained from the court. An order of protection is also referred to as a restraining order.
It’s issued to order the abusive person not to contact you. Its purpose is to prevent abusive behavior.
Orders of protection are filed based on one’s relationship with the defendant and whether or not a domestic violence crime has been executed.
Arizona has different types of protective orders:
- Injunction against workplace aggravation
- Release order of emergency order of protection
- Order of protection
- Injunction against provocation
A restraining order is easy to get. However, a court cannot issue one unless the petitioning party presents evidence to show a threat of abuse. In this case, abuse doesn’t have to be physical. You can find information regarding an order of protection in Arizona here.
Unfair Restraining Orders
An order of protection can be issued without the courts taking into consideration the issues at hand. Unfortunately, the courts won’t hear your side of the story until the order has been issued. It’s for this reason that most spouses and exes use restraining orders as a way of obtaining favor from the court when it comes to custody hearings or divorce proceedings.
A restraining order can become problematic if it keeps you from accessing your own home or from seeing your children. Moreover, a protective order can show up on background checks. This could affect your employ-ability.
To get the order terminated, you need to file a motion. Once you’ve filed the motion, a hearing is held within a week. During this period, it’s critical to avoid violating the restraining order as this could worsen your case in court. Make sure to obey the order until it has been lifted.
Fighting a Protective Order
You can get a protective order modified or dismissed. A restraining order is valid for a year. During this period, you are entitled to one hearing on the order. You need to file a written request for a hearing in the court that issued the restraining order.
Also, you need to know the timelines for contesting these orders as this will help you take immediate action when an order is issued against you. Furthermore, you need to ensure that you do not violate the order even after you’ve filed a written request. Violation of a restraining order could lead to criminal charges or jail time. A violation of the order shows the judge that the order is necessary.
The next step is to get objective proof. You need to prove to the judge that what you’re accused of could not have occurred or did not occur. For example, if you were accused of harassing the person on the phone, obtain phone records to show that this did not happen.
The final step is to hire an experienced defense attorney in Arizona. A qualified lawyer will help you understand what the law says about protective orders. We even help you file a request to have the order modified, changed, or dismissed.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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