ARE YOU LOOKING FOR HELP CREATING A RESTRAINING ORDER?
OUR FAMILY LAW ATTORNEYS ARE ON YOUR SIDE!
An order of protection is a legal court order that protects victims of domestic violence from further acts of abuse. While such orders are often referred to as restraining orders, protective orders, or protection from abuse orders, they are generally called orders of protection in the Arizona Family Court system. Arizona restraining order lawyers can help clients assemble the proof necessary to secure an order of protection against another individual or prevent a successful filing by another party.
The skilled attorneys at The Valley Law Group have decades of experience helping clients successfully petition for orders of protection during critical family law cases. As Arizona restraining order lawyers, we also understand that there are situations where one party seeks these protections solely for leverage in family court. In these situations, we can help refute false or inflated petitions.
Whether you need these important protections or require legal representation to fight false accusations of domestic abuse in family court, our family lawyers will work diligently to secure a positive outcome and keep you and your family safe.
Who Is Eligible for an Order of Protection?
A civil court order designed to stop ongoing acts of family violence is known as an Order of Protection. Family violence includes any act intended to physically harm a family or household member, serious threats of harm, or child abuse.
Acts of family violence often lead to criminal charges, but without an Order of Protection, the offender may be able to continue to contact, harass, or abuse their victim. The goal of an Order of Protection is to prevent the offender from contacting you in any way — whether in person, by phone, in writing, or through other means.
It can also restrict the offender from approaching specific places, like your home, workplace, or school. In some cases, it may require them to surrender or refrain from acquiring firearms and ammunition.
You may apply for an Order of Protection if the offender is:
- Your spouse or former spouse
- Your roommate or former roommate
- The parent of your child or unborn child
- Someone you have been or are currently romantically or sexually involved with
- Your parent, grandparent, sibling, child, or grandchild
- Your spouse’s parent, grandparent, sibling, child, or grandchild
While it helps ensure your safety, it does not address temporary child custody or visitation rights unless the children are at risk. Therefore, an Order of Protection does not automatically change your current legal and physical custody arrangements. However, in some cases, a judge may view the evidence presented as part of the Order of Protection as sufficient for changing parental responsibilities.
Common Examples of Domestic or Family Violence
Frequently, our clients require the protections afforded in a restraining order as they anticipate a family law case like a divorce or child custody case. Other times, abuse and dangerous behaviors arise during the proceedings, and an emergency Order of Protection becomes necessary.
Common examples of domestic or family that can require an Order of Protection include:
- Physical Assault – One member of a household physically attacks another by hitting, kicking, or choking them.
- Stalking – An ex-member of a household repeatedly follows someone, arrives uninvited at their home or workplace, or sends repeated or threatening messages.
- Harassment – A former member of the household continuously sends abusive text messages or emails or repeatedly calls or visits the other person.
- Sexual Assault –An individual forces another to engage in sexual acts against their will.
- Emotional Abuse – A person constantly belittles and undermines the victim’s self-worth by calling them derogatory names and making them feel worthless.
- Psychological Abuse – A person manipulates another, potentially by threatening to harm themselves or others, if the victim does not comply with their demands.
- Threats of Violence – A person threatens to physically harm other members of the household if certain demands are not met.
- Destruction of Property – One person destroys another’s personal belongings, including community or personal property.
- Economic Abuse – One person controls their partner’s finances by withholding money, monitoring spending, or preventing them from accessing their own bank accounts.
- Unauthorized Entry – A former member of the household forcibly enters another person’s home or workplace without permission, violating their privacy and personal space.
Many of these acts can result in criminal charges for the offender. Even if your spouse, former partner, or family member is not facing criminal charges, the Order of Protection lawyers at The Valley Law Group can help you request and provide proof for a protective order.
What Do You Need to File for an Order of Protection in Arizona?
When you contact The Valley Law Group to seek an Order of Protection against a member or former member of your household, our Arizona Order of Protection attorneys will guide you through the process step by step.
The process will begin with a brief consultation to establish your eligibility. In general, once your attorney has determined that you are eligible to request an Order of Protection, they will help you:
- Gather evidence to prove a domestic or family violence incident has occurred, including paper, photo, or video evidence of the behavior, photo and video evidence of injuries, medical records, police reports, voicemails, emails, text messages, and more.
- Determine which addresses you wish to include, such as home, work, school, daycare, and more.
- Include any children or other family members also harmed or threatened by the offender.
- Submit the petition for the Order of Protection to the county Superior Court.
- Serve the offender with the successful Order of Protection via process server or law enforcement.
- Modify the Order of Protection if deemed necessary.
What Protections Does an Order of Protection Afford?
An order of protection may include language that orders the offending person to:
- Cease all abusive behavior
- Avoid any contact with individuals protected by the order of protection
- Cease attempts to reach the plaintiff/victim through any means
- Stay away from the victim’s home or workplace
- Attend and participate in counseling sessions
- Move out of the shared residence
- Remain away from the victim’s property
- Compensate the victim for any property damage caused
Anyone who violates an order of protection faces serious criminal charges. Breaching the order is considered a crime, typically classified as a Class 1 misdemeanor, but it can escalate to a felony in cases involving aggravating factors, such as prior violations or additional criminal activity.
Law enforcement may arrest any person found violating an Order of Protection. The offender could be subjected to fines, restitution to the victim, and potentially jail time or prison, depending on the severity of the violation. Additionally, the court may impose further protective measures or modify existing ones based on the breach.
A conviction will also result in a criminal record, which can impact the offender’s employment and other areas of life. Compliance with the order is crucial to avoid these serious repercussions.
Due to the serious criminal consequences of violating a protective order, court orders can be a highly effective tool for compelling offending persons to cease their behavior.
Emergency Orders of Protection
The attorneys at The Valley Law Group frequently help clients secure an emergency Order of Protection if needed. The order of protection can be granted by a judge either verbally, by telephone, or in writing to protect individuals facing imminent family violence during a family court proceeding.
Our attorneys work through local law enforcement agencies to request these orders and throughout the process, as the court reviews the necessary evidence. Emergency orders are temporary orders that typically last seven calendar days. To extend the protection, your attorney can file a petition for a longer order.
How The Valley Law Group Can Help
At The Valley Law Group, our attorneys have extensive experience with family law cases, including divorce, abuse, and violence cases. Our Arizona Restraining Order Lawyers are adept at gathering evidence, presenting petitions for protection effectively to the court and countering any arguments from opposing counsel.
With our expertise, reputation, and resources, The Valley Law Group strives to achieve the best possible outcome for your case, which includes keeping you safe during your family law case. Our attorneys have handled thousands of cases involving family abuse and violence, and we understand what is needed to gather crucial evidence to prevent individuals from causing you harm.
Whether you require urgent protection through the court or need legal representation to counter false allegations of domestic violence, our award-winning lawyers are here to help.
Unjust Orders of Protection and False Accusations
It is an unfortunate reality that some people view orders of protection as a tool to malign the reputation of their family members or former partners, often to gain an advantage in court. For example, high-conflict divorces and child custody battles can sometimes bring out the worst in individuals, leading to false allegations and misuse of protective orders.
This misuse can not only damage the accused person’s reputation but also undermine the credibility of genuine victims seeking protection. If your current or former housemate attempts to use false allegations or presents a skewed version of past events to have an order of protection placed over you, it can result in a devastating blow for not only your family law case but also your reputation. If someone is making false allegations against you, securing legal representation is crucial. Your attorney can take steps to reverse the damage caused by false allegations.
Defending against orders of protection requires experienced legal representation. Orders of protection are awarded to the other party without requiring your presence in court. This is known as an ex-parte order, meaning it is granted before you are given the opportunity to present your side of the story. Your attorney can contest the order and present evidence that refutes the basis of the order.
Without legal representation, fighting an order of protection could be a difficult if not insurmountable challenge. However, with the help of an attorney from The Valley Law Group, the protective order against you may only be a short-term win for the other side that ultimately works against them.
Why You Need a Safety Plan
Even with an Order of Protection in place, it is crucial to develop a safety plan. A safety plan for domestic violence is a personalized, practical plan that includes ways to remain safe while in a relationship, planning to leave, or after leaving an abusive partner.
It involves:
- Keeping a packed emergency bag
- Creating a list of important contacts
- Establishing a code word with friends or family to signal for help
- Having a list of shelters that you can go to in the event of an emergency
- Secure important documents
- Stow away cash
Phoenix is home to several nonprofits that provide resources and help to victims of domestic violence, including the Phoenix Family
Arizona Order of Protection FAQs
Schedule Your Order of Protection Consultation Today
The Valley Law Group takes pride in helping clients secure critical protections, such as creating an Order of Protection when needed. This court order can ensure your protection against further harassment, threats, and physical harm. Whether you need this important form of protection against physical violence or were falsely accused of domestic violence, our decades of Arizona Family Court experience can ensure you and your family remain safe from harm.
Our award-winning lawyers have a client-focused approach to help you secure a positive outcome for your family law case. To schedule your order of protection consultation, contact our firm today.
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