Posted on March 16, 2024 in Arizona Law
The proof you need to obtain a restraining order in Arizona depends on the type of restraining order being issued. In most cases, you must have evidence to convince the judge that the person seeking a restraining order is in danger of harm.
The danger or harm can include domestic violence, threats, criminal trespass, stalking, and harassment. An adult can file for a restraining order when they believe their safety is in danger. Parents and guardians of minors can also file for a restraining order on behalf of the minor.
Unfortunately, a person does not necessarily need a lot of evidence to obtain a restraining order in Arizona. Judges often err on the side of caution to protect someone who claims another person is causing them or is threatening to cause them harm.
The State of Arizona has several types of restraining orders. If someone convinces a judge that you are a threat to their safety, you could be subject to a restraining order including:
An Order of Protection legally restrains a person from engaging in acts of domestic violence. It can also provide other relief to protect the alleged victim, including but not limited to:
Protection orders are issued when the individuals have a qualifying domestic relationship, such as spouses, romantic partners, people who share a child, and other relatives. It is important to note that a protection order can be issued without a physical altercation.
A person can be classified as a victim of domestic violence if the subject engages in emotional abuse, stalking, anonymous phone calls, illegitimate surveillance, or unlawful imprisonment.
An Emergency Order of Protection is issued when a person is in “imminent and present” danger of being harmed because of domestic violence. Emergency orders can carry the same restraints as an Order of Protection. The primary difference is the length of time the order remains valid.
An Emergency Order of Protection can be issued at any time of the day or night. The court may grant the order on weekends and holidays. Generally, an Emergency Order of Protection expires at the end of the next business day, but the court can extend the orders for cause. Permanent Orders of Protection can last for as long as 12 months.
When the individuals do not have a qualifying domestic relationship, there is a different type of restraining order a person can seek. An Injunction Against Harassment is meant to prevent the subject from harassing the protected person. An Injunction Against Harassment can remain in place for up to one year.
The law is on the side of alleged victims seeking a restraining order. Generally, an alleged victim can obtain a restraining order quickly and without much evidence. However, having an Order of Protection dismissed or modified can be complicated and time-consuming.
If you are served with a restraining order, your best option is to contact a Phoenix criminal defense lawyer immediately. An attorney can file a motion with the court to dismiss the protection order.
At a hearing, the judge considers the evidence presented to support the victim’s claims, such as whether the victim ever contacted the police, sought medical treatment, or has a history of being dishonest. Your attorney can present evidence supporting your position that the alleged victim made false or exaggerated allegations to obtain the restraining order.
After hearing the evidence, the judge decides whether to continue, modify, or dismiss the order of protection.
You may be tempted to contact the person who filed a restraining order against you to work things out. Do not give in to this temptation. Contacting the protected person in any manner violates the protection order. You could be charged with a Class 1 misdemeanor, which carries a maximum fine of $2,500 and six months in jail.
Contact a Phoenix restraining order lawyer for help. An attorney advises you of your legal rights and the options for fighting the restraining order through the court.
For more information, contact the criminal defense attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.
