An order of protection is often referred to as a “restraining order” and it’s outlined in A.R.S. 13-3602. Its purpose is to prevent further harassment, domestic violence, or assault between the defendant and a victim and it stays in place for one entire year.
A person seeking an order of protection is issued one by a judge based upon their honest admission. The defendant remains unaware during the processing period, but is eventually informed when they’re served their order of protection.
During the one year period the defendant cannot contact the victim directly, or attempt to use others in order to contact the individual who filed for the order.
Penalties for Violating Order of Protection in Arizona
Punishment includes immediate arrest of the violator in order to keep the victim safe. Once convicted of an order of protection violation the defendant can expect a class 1 misdemeanor with up to 6 months in jail, in addition to this sentencing a judge can fine the guilty individual $2,500 with an 84% surcharge.
Defenses After Violating an Order of Protection
There is no logical defense for a defendant besides denying that the individual did in fact break the boundaries defined by the order. A lot of the time the victim, and the defendant who was issued the order of protection will work their problems out, and the two will meet up. The situation will escalate, the police will be called, and the defendant will usually be arrested for violating the restraining order.
We Can Help with Order of Protection Violation Charges
Contact JacksonWhite today, our criminal defense attorney Jeremy Geigle can give you the legal advice you’ll need to fight this conviction.
Call the JacksonWhite Criminal Law team at (480) 467-4370 to discuss your case today.
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