Many refer to an Order of Protection in Arizona as a “Restraining Order”. There are three different types of Protective Orders to be aware of if you are looking to contest an Order of Protection in Arizona.
Below are some facts on the different kinds of Protective Orders and how to contest one in the state of Arizona.
Types of Protective Orders
- Emergency Order of Protection
- Injunction Against Workplace Aggravation
- Order of Protection
- Injunction Against Provocation
To read more about Injunctions Against Harassment, go here.
What are Protection Orders?
A Protection Order is one in which the court will restrict one person from having contact with another person. The reasons for an Order of Protection in Arizona can vary. Violation of a Protective Order can result in a number of negative consequences, including going to the person’s workplace, visiting their home, visiting a school, or any other locations that may be listed on the Order of Protection.
Orders of Protection are usually based on the relationship you have with another person. Some Protection Orders are classified differently based on how close you are to the person asking for the Order of Protection.
An Order of Protection in Arizona is issued by a judge and lasts for 12 months from the date it is issued.
Benefits of an Order of Protection for a Petitioner
There are a few ways an Order of Protection can help a person and are usually issued for the following reasons.
- To protect the Petitioner from experiencing acts of violence or harassment
- To keep the Defendant from contacting you or coming into contact with you without your permission.
- If the person served with a Protective Order violates the conditions set forth in the Order, it could result in criminal charges.
Orders of Protection cannot guarantee the safety of the Petitioner, nor can they resolve landlord & tenant issues. Additionally, they do not hold any power to change custody or visitation orders.
Unfair Orders of Protection
In some cases, an Order of Protection in Arizona can be obtained by the Petitioner without defense or case from the Defendant. The court may not choose to hear the Defendant’s case until after the protection order is issued.
In some cases, the Petitioner may be using an Order of Protection to their benefit in a courtroom when deciding divorce proceedings or custody hearings.
Orders of Protection in Arizona have negative benefits for the Defendant including:
- Preventing access to your own home
- Preventing access to your children
- Can appear on background checks, which can harshly impact you in a job search
If you have chosen to request a hearing, it is important to not violate the Order of Protection that has already been served to you. Violating the order, even if you disagree with it, could bring you negative consequences including fines and jail time. Violating the order will also not be a benefit to you if you haven’t yet had your court hearing.
If you have been served with an Order of Protection and believe it is unjustified, contact Killham Law Office to discuss your options.
Reasons an Order of Protection Has Been Served
If you have been served with an Order of Protection in Arizona you are likely to be one of the following:
- A spouse or your former spouse of the Petitioner
- A roommate or your former roommate of the Petitioner
- The father or mother of child or unborn child associated with the Petitioner
- A person previously or currently involved with the Petitioner either romantically or sexually
- A parent, grandparent, brother, sister, child, or grandchild of the Petitioner
- A spouse’s parent, grandparent, brother, sister, child or grandchild of the Petitioner
If you are one of the people listed above, an Order of Protection may have been filed against you for the following reasons:
- Any crime against a child under 15 years of age (A.R.S. 13-604.01) including second-degree murder
- Aggravated assault resulting in serious physical injury or involving the discharge
- Threatening use or use of a deadly weapon or dangerous instrument
- Sexual assault
- Molestation of a child
- Sexual conduct with a minor
- Commercial sexual exploitation of a minor
- Sexual exploitation of a minor
- Child abuse
- Sexual abuse or continuous sexual abuse of a child
- Taking a child for the purpose of prostitution
- Child prostitution
- Involving or using minors in a drug offense.
The Petitioner can file an Order of Protection if you have committed or plan to commit any of the following above.
How to Contest an Order of Protection
If you have recently been served with an Order of Protection and feel that the Petitioner is in the wrong, you can request a hearing to appeal the order. You are only allowed one hearing. You will be able to have the hearing within 5-10 days of submitting a written form of your request for a hearing
If you are in need of an experienced defense attorney to help you fight your Order of Protection, contact Killham Law Office and get Laura J. Killham to represent you.
Why Having a Defense Attorney is Important for Your Hearing
While navigating your court hearing on your own could benefit you financially, if you are not successful in reversing the protective order, you will have missed your one chance to make your case in court. If the Order is upheld by a judge, it will stay in place for one year.
When you have an experienced Defense attorney on your side, they will be able to help you understand the laws behind your Protective Order. Killham Law Office attorneys can help you organize the information you need and defend your rights in court. Your court hearing will happen quickly, so it will be important to be prepared in the courtroom.
A qualified Defense attorney can:
- Help reverse or dismiss the Order of Protection
- Help modify the Order of Protection
- Walk you through the laws of an Order of Protection
- Help you prepare the documentation you need for your hearing
If you want to contest an Order of Protection in Arizona, act quickly and get the most experienced defense attorney in Arizona, Laura J. Killham. She has over 20 years of experience in the field of law and can take on your case.
Contact Killham Law Office below for a free consultation today.