Have You Violated An Order Of Protection and Need a Lawyer?

The purpose behind an Order of Protection, which is frequently referred to as a “Restraining Order,” is protecting a person who is afraid of an act of harassment or domestic violence. The order is issued in a civil proceeding and not a criminal proceeding. The court order may issue various restrictions based on whatever the court perceives to be necessary in order to protect the Petitioner. Protective orders are valid for a one year period. If the order’s recipient fails to comply with a protective order, criminal charges are filed against them.

The Order of Protection, according to Arizona Revised Statute 13-3602, was designed in order to prevent an individual from committing a domestic violence act. The order may only applied to individuals who are in the following kinds of domestic relationships:

  • Ex-spouses or spouses;
  • Roommates;
  • Dating couples;
  • Couples who have a child or pregnancy in common, or
  • Siblings, grandchildren and grandparents; children and parents.

 

In order to a petitioner to get an Order of Protection, the individual must provide the court with sufficient evidence that supports reasonable belief that some form of domestic violence act has been committed by the defendant against the petitioner. At the initial hearing, the defendant is not present. If the court makes the determination to grant a permanent Order of Protection, after the petitioner’s sworn testimony, then the order is good for a one year period.  The order must be served on the defendant for the order to be valid, since the defendant must have notice.  After the order has been granted at this initial hearing, a subsequent hearing can be requested by the defendant to modify or vacate the order. However, if the petitioner provides sworn testimony at the initial hearing and the court doesn’t believe that there is sufficient evidence for the order, then the court can deny to order or schedule an addition hearing within a ten day period, in order for the defendant can be given notice of that hearing.

Challenging the order in court is the first line of defense for an Order of Protection that is unfair. A successful defense of the domestic violence allegation may be set forth.  It is best to have these matters challenged by an experienced attorney.

After the Order of Protection has been served, you do not want to violate any of the order’s terms in any way. If you violate the order, you will be charged by the police with the class 1 misdemeanor of a Violation of the Order of Protection. This offense comes with penalties may amount to $2500, 6 months’ jail time and 3 years of probation. When this charge is a domestic violence offense, the defendant will be required to do domestic violence classes with could last several months.  Additionally., the defendant will lose their right to possess a firearm.

If you are an Order of Protection defendant or charged with committing the crime of an Order of Protection violation, contact Robert A. Dodell, Attorney at Law, immediately. Your future, your rights, and your freedom are all at stake. It is critical for you to speak with an aggressive and experienced attorney who is familiar with these kinds of cases. When protecting your rights, Robert A. Dodell will provide you with individual service. For a free initial consultation with Robert A. Dodell, Attorney at Law, call 480-860-4321 or contact him by email.