Arizona Order of Protection Attorneys
Order of Protection Attorneys in Arizona
Are you searching for the best Arizona Order of Protection attorneys for your Order of Protection case? Our experienced Order of Protection attorneys has over 100 combined years of experience representing clients in Order of Protection cases. There is not likely to be a single issue in your Order of Protection case we have not successfully handled many times. It is important to have an initial consultation with an experienced attorney if domestic violence has occurred or you are accused of committing acts of domestic violence against another person.
If you are the victim of domestic violence or are the one who has been served with a restraining order in Arizona, you should be aware of the Arizona laws that impact whether a restraining order should be issued, modified or dismissed. A restraining order can affect your parenting time, which will also have an impact on other family members.
Difference Between an Order of Protection and Injunction Against Harassment
Arizona has three types of protective orders. The first one is an Order of Protection. An Order of Protection requires there to be a familial type relationship between the parties. The parties could be married, divorced, or have a child together to qualify for an Order of Protection.
There are two types of Orders of Protection. One is your standard Order of Protection that may be obtained by filing a Petition for Order of Protection and appearing before a judge. There is also an Emergency Order of Protection which can be applied for by a police officer while still at the scene of a domestic violence incident.
The next type of protective order in Arizona is an Injunction Against Harassment, which applies when there is a familial type relationship between the parties. Lastly, the court can issue an Injunction to Prohibit Workplace Harassment.
Obtaining an Order of Protection in Arizona
To obtain an Order of Protection in Arizona, you need to complete paperwork at the actual court where you are seeking the Order of Protection. The Order of Protection attorneys at our law office advise our clients to either have us present when you appear before the court on your Order of Protection case or have us meet with you to ensure the allegations you are making support the issuance of an Order of Protection.
Fighting, Dismissing or Modifying an Order of Protection
An Order of Protection is a matter of public record, which means employers, co-workers, friends, and family can all obtain a copy of the Petition for Order of Protection containing the allegations made against you.
The court can also order you to turn your firearms over to law enforcement, prohibit you from possessing firearms in the future, can order you to not be present at certain locations and can order you not have contact with your children.
If you or the person who was served with an Order of Protection requests a hearing, it will be important to speak to an attorney immediately. A hearing on an Order of Protection must be scheduled within 5 days if the order prevents a person from returning to their home. If the order does not prevent a person from returning to their home, the court must schedule a hearing on a Request for Hearing on an Order of Protection within 10 days.
Since these hearings are scheduled very quickly, it is important you speak to an attorney as quickly as possible. That attorney will have to obtain all of the evidence that will be used in that hearing in a very short period of time. Your attorney may need to issue and serve witnesses with trial subpoenas to require their attendance at an Order of Protection hearing. He or she may also have to issue subpoenas to obtain medical records or police reports.
If you or a family member needs an Order of Protection or needs to contest an Order of Protection that has been served upon them, it is important you have an attorney with the experience to present all the evidence necessary to win your case. Our Arizona family law attorneys have the experience to assess your case and determine the best way of protecting, dismissing or modifying an Order of Protection.
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Chris Hildebrand wrote this article about our Arizona Order of Protection attorneys to ensure everyone has access to information about the order of protection laws in Arizona. Chris is a divorce and order of protection attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and actually caring about what his clients are going through in an order of protection case.
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