Phoenix Attorneys Helping with Orders of Protection

An Order of Protection (commonly known as a Restraining Order) prevents a person, such as a husband, wife or significant other, from contacting you in person and/or by telephone. While most people believe that Orders of Protection are issued solely for domestic violence, that is simply not the case.  In fact, under Arizona Law, there are 21 legal findings that a Court can rely upon to award an Order of Protection.  These reasons range from domestic violence, to verbal assault, child abuse, child endangerment and even disorderly conduct by others.  Orders of protection provide a degree of security for people who have been physically harmed, threatened or endangered by another person.   Law enforcement officers respond quickly to calls involving violations of Orders of Protection and violators are prosecuted.  

On the other hand, if you have been served with an Order of Protection, you should read it carefully and abide by all of its terms - do not ignore it.  You must comply with each and every term of the Order until the Order of Protection expires or a Court states otherwise.   Even a simple violation such as a phone call can result in your arrest and/or incarceration.  If you are also involved in a family law case for divorce or paternity, you should be aware that, in Arizona, the existence of an Order of Protection may impact a child custody case's outcome.     

If the allegations against you are exaggerated, made up, or downright false, it is your responsibility to contest the Order or it will remain as part of the public record and can negatively affect you. You have the right to request a hearing which will be held within 10 days of a written request, 5 days if the other party was granted exclusive use of a residence. You are only allowed one hearing on an Order of Protection so you must make it count and be prepared with a cohesive legal argument to have the Order dismissed.

Contact a Phoenix family lawyer at Gillespie, Shields & Durrant today to learn more about protective orders!