At Grand Canyon Law Group, we are highly experienced in protective order hearings. This includes either fighting to get an order dismissed if an order is wrongfully placed against you, or to fight to keep one in place if a person is challenging an order you have against them. We know how to argue these cases to win.
Having a restraining order issued against you can damage your reputation, career, freedom, and family life. An order can place legal restrictions on you that prevent you from seeing your loved ones, returning to your own home, or possessing a firearm. On the flip side of this situation, if you have a protective order against a person who is a danger to you or who is harassing you and they challenge that order, it is vital to have the better attorney to ensure your order stays in place.
If you are one of these difficult situations, speak with a Gilbert order of protection lawyer to learn your legal rights and options. At Grand Canyon Law Group, our dedicated attorneys can provide advocacy and representation to protect your familial relationships and reputation. We know how to argue these cases.
Protective orders, sometimes called restraining orders, are issued when an alleged victim accuses someone of engaging in abusive conduct, leading them to fear for their safety. Common behaviors that support orders of protection include:
Initial hearings in these matters are held with only the person requesting the order present. At the completion of this hearing, the court will determine if it is appropriate to issue a protective order. Under Arizona Revised Statutes § 13-3602, an order of protection can restrict a defendant’s movements, prevent them from contacting the petitioner, and impose other conditions designed to ensure the petitioner’s safety. The defendant usually does not find out about the proceedings until they receive the protective order by being legally “served” with the order.
Unfortunately, people sometimes use restraining orders as weapons in child custody fights, divorce proceedings, or other heated domestic matters. However, once the order is in place, an accused person has the right to request an appearance before the court to give their side of the story and challenge the validity of the order. With the help of an attorney familiar with protective order cases, accused individuals can contest these matters and work to restore their rights.
All protective orders require one person to physically stay away from and refrain from contacting another person. However, there are many other possible court-imposed conditions, such as:
These restrictions may fundamentally alter a person’s daily life, especially if they have to find a new place to live or can no longer see their children. Additionally, a restraining order may appear on background checks and negatively impact a person’s ability to secure employment, housing, and credit. Those facing these negative repercussions should seek aggressive representation from the order of protection attorneys at Grand Canyon Law Group.
Az. Rev. Stat. § 13-2810 categorizes order of protection violations as class one misdemeanors. The punishments for disregarding the court’s mandate include up to six months of incarceration and maximum fines of $2,500 (plus surcharges). Additionally, the court has the power to direct authorities to take the alleged violator into custody immediately.
It is important to remember that only the court may revoke or lift an order of protection. Even if the petitioner gives the defendant permission to approach them or enter their home, this may not be a valid defense to a violation of the court order.
Being served with a protective order can be shocking and disruptive to your life. However, reacting emotionally and reaching out to the petitioner may result in greater consequences. It is recommended that you call a Gilbert order of protection lawyer to advise you on the most effective strategy for your situation.
At Grand Canyon Law Group, our attorneys understand how stressful these times can be and will work with you to obtain a positive resolution to your case. Contact us today to learn more about your legal rights from a knowledgeable member of our team.