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Orders of protection (known as restraining orders in other jurisdictions) are rulings from a court prohibiting contact between two parties following an allegation of domestic abuse. They are intended to prohibit contact with an abuser. Orders of protection can serve a righteous purpose. However, they are sometimes used to gain advantages in child placement issues and contested divorces.
The orders are easily obtained. Once ordered, they immediately go into effect upon service. There are many dubious situations in which spouses seek orders of protection on baseless claims. Many times, the purpose people seek an order of protection is to circumvent the family court. The orders of protection have consequences that limit your rights and affect child placement time. The orders can prohibit the right of who can enter your home and the rights to visit your children both immediately and for the future of the divorce action.
Orders of protection are difficult to overturn. Judges err on the side of caution after a protective order is sought and obtained by a party. You must make a compelling case against the order. As soon as you have been served with an order of protection you need to obtain an attorney that is experienced, rational, and knows how to litigate.
As mentioned, there are situations in which an order of protection is justified and necessary. Belligerent behavior, drug, and alcohol-induced threats, abuse, and domestic violence are pervasive in divorces. Our firm knows the consequences of orders of protection. We advocate aggressively for parties that have been involved in or have been threatened with abuse. We pursue the orders when required and always protect our clients and their children.
ARS 13-3602 governs orders of protection. In sum, persons seeking orders of protection must file a written petition stating the name(s) of the parties, address, a specific statement (including the dates) of domestic violence allegations, and the desired relief. The court will review the filings and issue the order of protection if the person seeking the protective order has shown the other party has (1) committed an act of domestic violence or (2) has committed an act of domestic violence within the past year or longer if good cause is shown.
If the court grants the order of protection, consequences can include: (1) prohibited contact between the parties (2) grant one party possession of the residence (3) prohibit one party from going near the place of employment, residence, school, and other designated locations of the other (4) prohibit the possession and purchase of firearms (5) ordering domestic violence offender treatment (6) grant exclusive care, custody, and control of any animals that are involved in the domestic relationship.
The police are authorized to arrest people for violating orders of protection. A person who is found guilty of violating an order of protection is guilty of a class A misdemeanor (maximum penalties are 6 months jail; and a $2,500 fine).
Please contact us today if you have been served with an order of protection or if you believe you are in a situation in which a protective order is justified. We will set up a consult and review the facts and laws applicable to your case.
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.