How Do Restraining Orders Work in Arizona | Voted “Best of the Valley”
Posted on : November 30, 2017, By: Christopher Hildebrand
How Do Restraining Orders Work In Arizona?
Restraining Orders in Arizona
Protective Order is a legal limitation on an individual, in order to abstain them from committing a provocation or abusive behavior at home against a single individual or individuals. A restraining order in Arizona is called “An order of protection”. A restraining order in Arizona might be issued by a Justice of the Peace or a Superior Court Judge to keep an aggressive behavior at home from occurring in future.
How Do Restraining Orders Work in Arizona?
In the State of Arizona, Domestic Violence incorporates a range of harsh acts. It is a shocking reality that abusive behavior at home is a proceeding between life partners and youngsters. The victim should have the capacity to exhibit to the court that the individual from whom they need security has submitted or may confer a demonstration of Domestic Violence against them. The request of security laws in Arizona, nonetheless, give capable defensive measures to casualties of abusive behavior at home.
It is likewise tragically obvious that a few people endeavor to exploit the restraining order in Arizona. These laws are intended to secure casualties of abusive behavior at home by utilizing requests of assurance as a way to harass a life partner, to unlawfully expel a spouse or wife from home, or to get a ridiculous preferred stance to get a child’s custody.
Hildebrand Law, PC | Voted Best of Our Valley in Arizona Foothills Magazine.
Arizona Restraining Order Laws
According to Arizona law (A.R.S. 13-3602), you can ask the court to pursue protection from a person you live with, now or in the past, or anyone who is an immediate family member. Examples of a requested Order of Protection would be filed against:
Your current or former spouse
Someone whom you live with or had lived
Someone whom you are having a romantic or sexual relationship with
Someone with whom you have a common child
One of the individuals is a parent, grandparent, in-law or sibling
Order Against Harassment in Arizona.
An Order against Harassment, court order (A.R.S. 12-1809), is about seeking protection from a person other than someone whom you live with. It could be a person with whom you have no relationship with, or an existing or former non-family member. It can also be issued for workplaces. To have an order issued, the offender must have committed acts of harassment in the near past and there must be at least two acts of harassment committed.
If you have been presented with a restraining order that is based on false or physically false claims, you have the privilege to ask for a hearing to challenge that order in Arizona. The court will lead an evidentiary hearing, including the confirmation of declaration from both sides, affirmation from different witnesses, and the submission of demonstrations to the court. The two sides are qualified to speak to a lawyer at that trial.
In the event that restraining order has been issued that effects your association with your child, you have three accessible choices:
Arrange child-rearing time through an unbiased third individual if the defensive request does not expressly restrict you from having contact with your child
You may petition for separate or lawful detachment in Superior Court to build up child rearing time
Generally, the petitions filed for restraining orders are regularly observed by the court and ruled around the same time too.
Call (480)305-8300 to schedule your personalized consultation with one of our experienced Phoenix and Scottsdale Arizona order of protection attorneys.
Jennifer, thank you for being my attorney. I could not have been more pleased with the outcome of my family court hearing. Everything you have done for me throughout this case reflects in the final ruling of the judge. You helped me keep my head together and taught me a lot about myself as a person. I learned so much about my life from observing and listening to you. I will take all the advice you gave me to continue taking responsibility for my choices, continue to put the kids' needs first, and always stay truthful. Your diligence, dedication, and persistence in my case made what seemed impossible, possible. You are a wonderful person and an amazing attorney and I am stronger and more confident because of you.
I just want to again thank the Firm for working with me all that it has. I could not have done anything without everyone's assistance. You, Chris and Stacey have been and continue to provide me with compassion and hard work towards my case. Also a very special thanks to Kip for taking my case in the beginning. Also continued support from him and his dedication to providing me with his expertise in this matter.
After interviewing several law firms, I came across Jennifer Shick, and her firm, who I hired to represent me for my Family Court case. Jennifer has extensive knowledge of the law and is determined to bring the truth to every issue involved within the case. Throughout my case, Jennifer was prepared meticulously as well as went above and beyond all of my expectations. Even when the other party tried to differ from the truth, lie to the Judge, and turn situations around, Jennifer remained attentive and provided substantial evidence to show the judge the facts as well as the proof to support what was the best interests of my children. Additionally, Jennifer helped me endure many difficult experiences, situations and inspired me to remain positive throughout the entirety of my case. Her kindness, compassion, and professionalism helped me through very difficult times and made the process feel a thousand times lighter on my shoulders. She truly has my children and my best interest at heart and I trust her perspective as well as her honesty on each and every aspect of my case. She lessened the burden on my shoulders and even when I felt like the case was not going to go in my favor, Jennifer was open-minded and reassured me that the Judge would, in fact, see the truth, which he did and the case went in my favor. After nine months of court, everything finally came together. I cannot declare how much Jennifer has been an outstanding attorney. She addressed each and every issue with diligence, she cares about her clients and their families. Jennifer genuinely cares about her clients and her dedication to the details of the case was remarkable. Overall, I am extremely pleased with Jennifer’s services and I am truly thankful that I was so blessed to have her represent my children and me. I highly recommend Jennifer as one of the best attorneys in Arizona and if the situation ever arises, I will definitely have her represent my children and me again.
Dear Stacey and Kip, How can I ever thank you enough for helping me through the most difficult time in my life? I couldn't put into words my heartfelt gratefulness. You both were so compassionate and professional at every given moment throughout this process with me. I thank you from the bottom of my heart. You helped me to regain my freedom.
I was a client of Attorney Kevin Park for the dissolution of a divorce in 2016. And since I had never had the need to hire an attorney before for any purpose, I was somewhat apprehensive of the process. But the very calm and professional demeanor of Mr. Park eased my fears. He adeptly answered all my questions and I clearly knew the process and what to expect. And the skilled manner he communicated with opposing counsel was perfect. When it came down to negotiating with my spouse’s counsel, I knew I had selected the best attorney for my situation. What I noticed and appreciated was that he was using just the right amount of pressure with opposing counsel as was necessary. If you find yourself in this situation, you will want a seasoned professional like Mr. Park on your side. I'm very grateful that he was my attorney and not the opposition!
Chris is a smart and aggressive attorney for his clients. Chris always tries to reach a fair settlement of his cases. I’ve represented clients when Chris was the opposing counsel and while he is professional and amicable to work with, he does not back off on what he needs to do for his client
Kevin Park of Arizona Estate Planning Attorneys was just what I needed for my divorce. He was very approachable and personable. He was quick to recognize what I needed and provided it quickly and efficiently. I hope to never need a divorce lawyer again, but if I know anyone else who does, I will definitely recommend Kevin.
I feel that Tracey Van Wickler is certainly one of the best family lawyers around. She is logical, intelligent, and truly cares. Tracey always does what is in the clients best interest, does it well, timely and with integrity. She is good at keeping her clients informed as to what is going on and clear in her communication both written and verbally. I have recommended Tracey to other people and will continue to recommend her. I recommended Tracey to someone who was having issues with their ex-wife and his response was, “I know how good she is because I went up against her and she ate me for lunch”. This same person was so impressed with her, he even recommended her to someone else, WOW, that is impressive! I am exceptionally happy with her attention to detail, her ability to explain things in ways that are easy to understand, as well as her ability to keep everyone focused on the most important things. I would recommend Tracey to anyone who may be in need of her services.
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Despite the unfortunate situation I found myself in, Chris Hildebrand @ Hildebrand Law helped me maneuver every step with professionalism, expertise, and even a sensitivity that was an added bonus.Chris and his staff helped me even when I didn't know I needed the help. In other words. . . they made sure we did not leave anything undone. And in the rare instance we needed the expertise of another professional, Chris knew exactly who to recommend.Chris also knew, because of his experience, what to anticipate down the road of litigation. That meant we were better prepared to meet the challenges head on, which lead to a more equitable and fair outcome. I appreciated that Chris did his best to meet my every need in a timely fashion, even if I had a simple question that required only a phone call or e-mail or if we needed to talk face-to-face.I highly recommend Chris Hildebrand @ Hildebrand Law, PC.