It is much easier to have a protective order granted than to have one removed. If a court has issued one against you or scheduled a hearing allowing you to respond to an application, you need guidance from an experienced domestic violence attorney.
Help from a Phoenix protective orders lawyer can make all the difference in the outcome of your case. At the Grand Canyon Law Group, we can review your options and help you seek a positive result. Your life is worth protecting, so let us fight for you.
Protective orders, sometimes referred to as restraining orders, are court directives requiring one individual to cease all contact with another person. As outlined in Arizona Revised Statutes § 13-3602, courts grant these injunctions to prevent physical and emotional harm through violence, harassment, intimidation, or threats.
Protective orders are often a part of domestic disputes; in fact, Ariz. Rev. Stat. § 13-3601(J) requires police officers responding to domestic violence calls to advise aggrieved parties on the process of requesting a restraining order. A skilled local attorney can further explain how protective orders may impact a person’s life and develop a strategy to respond effectively.
Protective orders typically stay in place for a year, and they can require the restricted individual to:
The stated constraints can significantly alter a person’s daily life and impact future proceedings in child custody matters.
Once a restraining order is in place, courts are wary of removing them. However, there are instances where people use protective orders to gain an advantage in another proceeding, such as divorce. When such orders are an overreach, individuals should challenge them.
Restrained individuals can request a hearing to present evidence showing that granting such orders was in error. Our restraining orders attorneys are familiar with these proceedings and can help those in the Phoenix area prepare their cases.
Protective orders carry the force of law, so those subject to their restrictions cannot simply ignore them. Also, protected parties cannot waive their enforcement and give the restrained person permission to make contact. Only the court can void the order and allow the parties to resume interacting.
If an individual violates any of the rules imposed by the restraining order, they are subject to arrest for interfering with judicial proceedings under Ariz. Rev. Stat. § 13-2810(A)(2). This infraction is a class one misdemeanor, punishable under Ariz. Rev. Stat. §§ 13-707(A)(1) and 13-802(A). A conviction could lead to a jail sentence of up to six months and fines of up to $2,500.
It is essential for a person to understand the restrictions of their protective order to avoid violations. By working with a knowledgeable lawyer at our firm, individuals can better understand the terms of a restraining order and mount an effective defense if they are accused of violating it.
A protective order can wreak havoc on your life. Challenging them can be tricky, but our dedicated legal team is here to help you every step of the way. Working with a Phoenix protective orders lawyer can make all the difference in the outcome of your case, so call the Grand Canyon Law Group today to get started on your case.