In Arizona, the court can issue an order of protection to protect a domestic violence victim. Even though these orders are meant to protect victims, some people use them to their advantage in divorce or child custody disputes. Therefore, understanding protection orders and how they work is critical for people who receive them. Our Phoenix restraining order attorneys from Snader Law Group are here to help!
Regardless of your situation, having a restraining order filed against you can have an extremely detrimental effect on many aspects of your life. If you have been served with a restraining order, have someone trying to put a restraining order on you, or have been charged with violating a restraining order, it is essential to seek the legal advice and guidance of a credible Arizona criminal defense lawyer to protect your constitutional rights.
Why Do I Need a Restraining Orders Attorney in Arizona?
It is relatively easy for an alleged victim of domestic violence in Arizona to have a restraining order issued against their abuser. On the other hand, the process of getting that injunction modified or dismissed is a little more complex and time-consuming. When a restraining order is filed against you, you must abide by its terms – whether or not you agree with it.
Being served with a protective order in Arizona can have a lasting impact on your life. If you have had a restraining order issued in your name and need someone to help you try to get it modified or dismissed, consult with our reliable Phoenix restraining orders lawyer as soon as possible. At Snader Law Group, we have extensive experience representing clients who have been unjustly subjected to a restraining order or have been accused of family violence. We can review the order against you and advise you about your legal options. Contact us now and schedule an initial consultation.
What is a Restraining Order?
A Restraining Order (also called an Order of Protection) is a court directive requiring one individual to cease all contact with another. The purpose of a protective order is to restrain a person from committing an act of harassment or domestic violence against another person. A competent Phoenix criminal defense lawyer can further explain how protective orders impact a person’s life and develop a strategy to respond effectively.
Restraining orders require that some form of relationship exists between the parties. This type of court order offers a person protection from:
- A current or former spouse
- A romantic and/or sexual partner
- Someone you have a child with
- A family member, relative, or a spouse’s relative
- Someone you are living with or have lived with
Under Arizona order of protection rules, a judge may grant a restraining order in situations where an act of family violence/domestic violence has occurred, such as:
- Harassment or stalking: videotaping of private acts, harassing phone calls, criminal trespass
- Emotional abuse: abusive language, threats of violence, intimidation
- Physical abuse: shoving, kicking, hitting
Order of Protection Explained
In the video, Attorney Howard Snader explains two separate issues – accusations made and how you respond to an order of protection. He stresses the importance of seeking legal advice from a reliable Phoenix divorce attorney to ensure you are making the right choices in order to avoid any kind of lawsuit.
Emergency Order of Protection
If you have been accused of domestic violence, your accuser may be granted an order of protection with the help of a Phoenix restraining order lawyer, also known as an injunction.
An Emergency Order of Protection (EOP) is intended to protect someone in “imminent and present” danger of domestic violence. It is issued by a judge or magistrate for a very short term – until the close of business on the day after it is issued – to provide enough time for the person requesting protection to try to obtain a permanent restraining order. A permanent one generally remains in effect for a year.
Furthermore, an EOP is a legal restraint used to prohibit a person from committing acts of domestic violence or contacting the individuals specified in the order. Other protective measures may also be included, such as:
- Removing weapons from home
- Granting the complaining party the exclusive use of the home,
- Forcing the alleged abuser to enroll in domestic violence treatment classes,
- And many others.
Elements Required to Obtain an EOP
The procedure for getting an EOP varies from state to state. Emergency protective orders are often sought in cases where a person fears an immediate danger to themselves or their children. They allow victims to keep their alleged abusers away from them, even from a home where they both live.
For a judge or magistrate to issue an order of protection, the person requesting protection must show:
- That domestic violence has occurred.
- That a specific domestic relationship exists between the person requesting the order and the abuser.
In Maricopa County, a person alleging to be a victim of domestic violence can request an EOP at any hour of the day or night. Speak to a qualified Phoenix restraining orders attorney immediately if you have had an emergency order of protection filed against you.
Permanent Order of Protection
Permanent Orders of Protection usually have the same requirements and restrictions as Emergency Orders of Protection. However, the only difference between the two injunctions is the length of time and duration that they remain valid.
While an EOP typically expires within a few days, a Permanent Order of Protection lasts much longer. Once a person has received an emergency order of protection, he or she may return to the court the following day and request that it be made permanent, meaning it will remain in effect for 12 months after it is served on the party under restraint.
False Allegations of Domestic Violence to Obtain a Restraining Order
In some cases, a person will falsely accuse a family or household member of domestic violence to obtain a wrongful order of protection. For instance, restraining orders are requested by a spouse who is preparing to file for divorce or has already filed and hopes to use it to obtain the court’s sympathy to obtain full custody of the children. In others, it is used to punish infidelity.
Nobody deserves to be wrongfully accused of domestic violence. At Snader Law Group, we understand what you are going through and how difficult it can be to lead a life while wrongfully indicted. We are here, and we can help.
If someone has accused you of domestic violence and requested an order of protection, you should hire a knowledgeable Phoenix restraining orders lawyer to advocate for you and to protect you from the long-term legal consequences, interference with your family relationships, and damage to your good reputation that will invariably result if you are eventually convicted.
What are the Penalties for Restraining Order Violation?
Orders of protection are often filed in domestic violence cases. However, they can become criminal matters when violations occur. In Arizona, violating a lawfully issued restraining order is considered a criminal offense. Therefore, a person needs to understand the terms and restrictions of their protective order to avoid violations.
If an individual violates any of the rules imposed by the restraining order, they are subject to arrest for interfering with judicial proceedings and may be prosecuted under section 13-2810 of the Arizona Revised Statute. A conviction on a criminal charge of Interfering with Judicial Proceedings could send you to jail for up to one year and cost you as much as $2,500 in fines.
If you have had a restraining order issued against you and have been accused of violating it, you will also need a top-ranking Phoenix AZ restraining orders lawyer who can help you protect your rights.
What are the Potential Defenses of a Restraining Order Violation Charge?
Depending on your situation, there could be several defenses available to argue that you did not violate the restraining order. A skilled Phoenix restraining orders lawyer can help you build a strong and effective legal defense to fight the charges filed against you.
Some examples of possible defenses may include:
- You violated the order by mistake.
- The alleged victim attempts to contact you or show up where they knew you would be so that you would violate the terms of the order.
- Your charges could stem from a false claim made by the alleged victim.
- You were not aware of the protective order.
Call Our Seasoned Phoenix Restraining Orders Attorney Now!
Having a restraining order issued in your name can be a frightening experience – especially if you were not expecting it. Arizona courts take domestic violence very seriously, and any allegation can have a significant effect on the rights of the accused. If you’re served with a restraining order, it’s important to act quickly. To obtain the services of a top-rated Arizona criminal defense attorney, call the criminal defense law firm of Howard A. Snader, LLC as soon as possible.
Howard has been an Arizona Board Certified Criminal Law Specialist since 1995. He earned the highest possible AVVO rating from his legal peers-a perfect 10 (superb). He has helped innumerable clients who have been accused of domestic violence or violation of an order of protection to retain their reputation and freedom and to avoid many other decidedly negative consequences that can come with a conviction on these charges. You need expert, specialized legal assistance, which you will find when you retain Howard Snader to represent you. The first consultation is free, and Howard will work with you to figure out a payment plan you can afford. Contact us today!