When a heated argument with a partner, spouse, or family member escalates, the situation can quickly spiral out of control. In the aftermath, you may be facing allegations of domestic violence and wondering how to protect your rights. One of the first steps the accuser often takes is to petition the court for an order of protection. If you've been served with a protective order, seeking guidance from an experienced Arizona domestic violence lawyer is crucial.
At Griffen & Stevens Law Firm, our team of skilled criminal defense attorneys has extensive experience representing clients in domestic violence cases throughout Arizona. We understand the severe consequences a protective order can have on your life and are dedicated to providing the strong advocacy you need during this challenging time. Keep reading to learn more about how orders of protection work in domestic violence cases and what to do if you've been served.
What Is an Order of Protection?
An order of protection, also known as a restraining order, is a court order that prohibits contact between the person requesting the order (the plaintiff) and the person the order is against (the defendant). In domestic violence situations, orders of protection are designed to prevent further acts of violence, harassment, or threatening behavior.
Under Arizona law, a domestic violence order of protection can prohibit the defendant from:
- Committing further acts of domestic violence
- Contacting or going near the plaintiff and other protected parties, such as children
- Possessing or purchasing firearms
- Going to the plaintiff's residence, even if the defendant has lived there
- Going to other specific locations, such as the plaintiff's workplace or school
Violating an order of protection can result in serious criminal penalties, including jail time and fines.
Who Can Obtain an Order of Protection in Arizona?
In Arizona, you can petition for an order of protection against a family or household member who has committed or threatened to commit an act of domestic violence against you. This includes:
- Current or former spouses
- People related by blood or marriage
- Current or former romantic or sexual partners
- People who currently or previously lived in the same household
- People who have a child in common
The plaintiff must file a verified petition with the court describing the domestic violence and requesting protection. An Arizona domestic violence lawyer can help you understand your options if someone is seeking a protective order against you.
Emergency vs. Long-Term Orders of Protection
There are two main types of protective orders in Arizona domestic violence cases:
Emergency Orders of Protection
An emergency order of protection can be requested outside of normal court hours, such as on weekends or holidays, when the plaintiff believes they are in immediate danger. The court can issue an emergency order without notice to the defendant or a hearing. These orders typically last for 72 hours or until the next day court is open.
Long-Term Orders of Protection
To obtain a long-term order of protection, the plaintiff must file a petition with the court and attend a hearing. The defendant must be served with notice of the hearing and has the opportunity to appear and present their case. If the judge finds that domestic violence has occurred, they may issue a protective order for up to one year. These orders can be extended for additional one-year periods if necessary for the plaintiff's safety.
Responding to an Arizona Domestic Violence Order of Protection
Being served with an order of protection can be a scary and confusing experience. However, it's essential to remain calm and take the following steps:
- Carefully read the order. The order will detail the specific restrictions placed on you, including any prohibited locations or activities. Make sure you understand what is expected of you to avoid inadvertently violating the order.
- Attend the court hearing. If a hearing has been scheduled, it's crucial to appear and present your side of the story. Failing to attend can result in a long-term order being issued against you by default.
- Gather evidence. If you believe the allegations against you are false or exaggerated, start collecting evidence to support your position. This may include witness statements, text messages, photos, or other relevant documentation.
- Contact an Arizona domestic violence lawyer. Navigating the legal system in a domestic violence case can be complex and overwhelming. An experienced Arizona domestic violence lawyer can protect your rights, build a strong defense strategy, and represent your interests in court.
At Griffen & Stevens Law Firm, our knowledgeable attorneys have helped countless clients facing orders of protection and domestic violence charges. We understand that every situation is unique and will take the time to listen to your story and explain your options.
Violating an Order of Protection: Potential Consequences
If you are found to have violated an Arizona domestic violence order of protection, you can face serious penalties, such as:
- Up to 6 months in jail for a first offense
- Mandatory minimum jail time of 30 days for a second offense
- Fines and fees
- Community service
- Domestic violence offender treatment programs
- Restrictions on firearm possession
Violations can also impact child custody and visitation arrangements, employment opportunities, and housing options. To mitigate these potential consequences, it's essential to work with a skilled Arizona domestic violence lawyer who can advocate for your rights and help you navigate the legal process.
Key Takeaways on Arizona Orders of Protection
Orders of protection play a significant role in many Arizona domestic violence cases. Here are some key points to remember:
- Protective orders prohibit contact between the plaintiff and defendant and can restrict access to certain locations or possessions
- Emergency orders can be issued without notice to the defendant, while long-term orders require a hearing
- Defendants must carefully review the order, attend any scheduled hearings, gather evidence, and consult with an Arizona domestic violence lawyer
- Violating a protective order can result in serious criminal penalties and long-lasting consequences
If you've been served with an order of protection in Arizona, don't wait to seek legal guidance. The sooner you involve a knowledgeable defense attorney, the better your chances of achieving a favorable outcome in your case.