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Judges can issue protective orders when someone claims another person is threatening or harassing them. Usually, the person accused of threats or harassment only finds out when the sheriff serves the order.
Contact a criminal attorney immediately if you were served with a protective order. Violating a protective order is a crime, so it is critical that you understand the terms. A New River protective order lawyer can represent you in a proceeding related to the order. The skilled legal team at Grand Canyon Law Group could present evidence to convince the judge to modify the order or vacate it completely.
A family member, spouse, former spouse, co-parent, or roommate could seek a protective order if they present evidence that someone poses a threat or is harassing them. Alleged victims in domestic violence cases often seek orders of protection, as authorized by Arizona Revised Statute §13-3602.
The petitioner (the person seeking the order) does not have to notify the respondent (the person receiving it) when they seek a protective order. Instead, they present their proof to the judge, who typically issues a temporary order. The order requires the respondent to:
The order will also direct the respondent not to harass or threaten the petitioner. The protective order takes effect when the Sherriff serves it to the respondent. A respondent should immediately contact a New River attorney for help understanding and potentially contesting the protective order.
A protective order often causes significant hardship. The respondent might have to find another place to live; avoiding the petitioner could mean completely changing their habits and routines. Many respondents think a calm conversation with the petitioner can fix the problem, but approaching the petitioner is a huge mistake.
Violating a protective order is a Class 1 misdemeanor and could lead to up to six months in jail. Respondents must understand that they could be charged with violating a protective order even when the petitioner initiates contact. If the petitioner tries to get in touch, the respondent must strictly obey the order’s provisions. This could mean walking in the other direction or ignoring a text. If a petitioner tries to induce a respondent to violate the protective order, the respondent should immediately contact a New River lawyer at our firm.
The initial protective order is temporary. When the respondent receives service of the order, they also receive notice of a hearing before the judge. The hearing is usually set for ten business days after the judge issues the order or within five days if the petitioner and respondent share a home. Depending on when the respondent receives service, they might have just a few days to prepare for the hearing.
Our local protective order lawyers could represent a respondent at the hearing. We could challenge the petitioner’s evidence that the respondent poses a threat and request the judge withdraw the order or limit its scope to cause reduce inconvenience or hardship. If the petitioner has been contacting the respondent, we might request that the judge issue an order against the petitioner.
If a respondent does not appear at the hearing, the order remains in effect for one year. The respondent could challenge the order at any time if circumstances merit, such as after completing domestic violence proceedings.
A protective order must be taken seriously, no matter the circumstances that led to it. Violating the order is a crime with serious potential penalties.
Contact a New River protective order lawyer as soon as you are served. At Grand Canyon Law Group, we could help you navigate the restrictions and advise you on contesting the order. Call now to speak with an experienced attorney and learn how we can help protect your way of life.