Restraining Orders in Arizona
Arizona Orders of Protection
Thank you for visiting our Arizona restraining order page. Our Scottsdale restraining order attorneys want to provide you with answers to all of your questions regarding restraining orders in Arizona.
We strive to provide answers to all of your questions regarding restraining orders in Arizona. We encourage you to view our Restraining Orders in Arizona | Frequently Asked Questions page, as well as our Family Law Blog, to obtain more information about all aspects of family law.
Scottsdale Restraining Order and Order of Protection Representation
It is always better to be represented by an experienced and licensed Arizona order of protection attorney at any hearing concerning an Arizona restraining order or order of protection. Our experienced lawyer will go to court with you to petition the Court to issue a restraining order or an order of protection or to contest a wrongfully obtained restraining order or order of protection. We are experienced at representing clients in restraining order and order of protection hearings in courts throughout Arizona.
We understand the serious personal impact an act of domestic violence has upon a family and take seriously the impact a false allegation of abuse has upon an innocent spouse’s personal relationship with his or her children, occupation and, in some cases, freedom if subsequent criminal charges are filed.
What You Need To Know About Restraining Orders and Orders of Protection
A restraining order referred to in Arizona as an order of protection may be issued by a Justice of the Peace or Superior Court Judge if an act of domestic violence has occurred or an order of protection is necessary to prevent an act of domestic violence from occurring in the future.
It is an unfortunate reality that domestic violence is a continuing problem for many spouses and children in Arizona. The laws in Arizona, however, provide powerful protective measures for victims of domestic violence, including civil orders of protection preventing contact between the parties and criminal statutes that can lead to the filing of serious criminal misdemeanor and felony charges.
It is also unfortunately true that some people attempt to manipulate and take advantage of the laws designed to protect victims of domestic violence by using orders of protection as a means to harass an innocent spouse, to wrongfully remove a spouse from a home, or to obtain an unwarranted advantage in a child custody case.
It is crucial for victims of domestic violence and those falsely accused of being abusive to understand the basics of the process of obtaining an order of protection. The process typically begins with the person seeking the order of protection filing a petition for order of protection with the clerk of the court.
Restraining Orders in Scottsdale Arizona | Stop the Abuse
That petition is filed with forms obtained at the courthouse and is where the person seeking the order of protection informs the judge of the allegations justifying the request for the order of protection.
Once filed, the person seeking the order of protection is directed to a courtroom where he or she will see a Judge regarding that petition. The Judge will then review the petition and may question you regarding the incidents alleged in the petition.
If the Judge is satisfied sufficient facts have been alleged to support the issuance of an order of protection, he or she will sign the order of protection, cause that order of protection to be filed with the clerk, will register that order with law enforcement, and will provide you with a copy of the order of protection signed by the judge.
You are then responsible for causing that order of protection to be served upon the other party, either through a private process server or a law enforcement officer. The order of protection is not effective against the other person until it is actually served on that person.
All Arizona law enforcement officers are authorized to serve orders of protection and will be happy to assist you in serving the order. It is helpful to inform the law enforcement officer where the person lives, works, or is likely to be located to assist in serving that order as soon as possible. Although law enforcement officers should have an electronic record of the issuance of that order of protection, you should always keep a copy of that order of protection on you at all times.
If you have been served with an order of protection that was based upon false or materially misleading allegations, you have the right to request a hearing to contest that order of protection. A hearing must be scheduled within ten (10) days, unless the order of protection precluded you from returning to your residence in which case the hearing must be scheduled within five (5) days.
The court will conduct an evidentiary hearing, including the admission of testimony from both parties, testimony from other witnesses, and the submission of exhibits to the court. Both parties are entitled to be represented by an attorney at that trial. It is crucial to present all available evidence at that trial because you will not be provided with another opportunity to support or contest the order of protection.
Options Regarding an Arizona Order of Protection
Protective orders should not be used to resolve child custody or parenting time disputes. If a protective order has been issued that impacts your relationship with your child, you have three available options:
1. Request a hearing to modify the protective order;
2. Arrange parenting time through a neutral third person if the protective order does not specifically prohibit you from having contact with your children;
3. You may file for divorce or legal separation in the Superior Court to establish parenting time.
Law Enforcement Stand By
A person served with a protective order may return to the residence under the supervision of a law enforcement officer to collect his or her personal items and clothing. You should be aware, however, that law enforcement officers are not able to resolve disagreements regarding which items of property belong to either or both parties.
Contact Our Scottsdale Arizona Order of Protection Attorneys
Contact us today at (480) 305-8300 to schedule your consultation with our Scottsdale Arizona order of protection attorneys regarding an Arizona order of protection or any other family law matter.