Order of Protection FAQs michael 2020-05-23T20:50:48+00:00

ORDER OF PROTECTION FAQs

ORDER OF PROTECTION ATTORNEY

An order of protection is also commonly referred to as a restraining order. My AZ Lawyers experienced attorneys can help you if you need legal representation regarding an order of protection.

restraining order FAQs, Order of Protection FAQS, Arizona Injunction Against Harassment Attorneys

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Our legal team will help you understand your rights regarding an order of protection. There is no fee to file an order of protection in Arizona, and our law firm offers a free consultation with an attorney.

ARIZONA ORDER OF PROTECTION LAWYER

In this article we will discuss common questions regarding Arizona Protection Orders, Restraining Orders, and Injunctions Against Harassment. Also, there is no fee in Arizona to file an Order of Protection.

Additionally, Orders of Protection are very contentious situations and should not be entered in without a great amount of thought. Plus, Protection Orders can be obtained at the Maricopa County Superior Court or at any Justice or Municipal Court. Of note, Orders of Protection and Injunctions Against Harassment can be issued at any court in Arizona, regardless of the location of the Defendant or the Plaintiff.

Thus, if you are a victim of domestic violence, you may seek an Order of Protection from any court. Additionally, an Order of Protection is a court order issued by the judge intended to prevent a domestic/intimate partner or related person from committing or threatening to commit an act of domestic violence.

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FREQUENTLY ASKED QUESTIONS ABOUT ORDERS OF PROTECTION

What is an Order of Protection?

ANSWER:

An Order of Protection is a restraining order used to protect oneself from a family member or someone you live or have lived with. Also, it can order the defendant to stay away from your home, work, and other locations you may list on the order. Additionally, Protection Orders are very contentious. Therefore, AZ attorneys are helpful.

Is there a difference between a restraining order and an order of protection?

ANSWER:

A restraining order is used to prevent someone from taking a specific action, while an order of protection is meant to prevent someone from abusing a family member or someone close to them. Thus, a restraining order doesn’t have to be against a relative or partner. Also, there are many pitfalls in Arizona Protection Orders. Thus, keep a good AZ family lawyer as a backup if you are proceeding without counsel.

Who can get an Order of Protection?

ANSWER:

You can get an Order of Protection if you have been harmed or threatened to be harmed by a relative or partner. Additionally, you do not have to have a relationship with the defendant for crimes like assault and stalking. Also, if a minor needs a protective order, their parent or legal guardian must seek it on their behalf.

How much does it cost to get a Protective Order?

ANSWER:

There is no court filing fee for an Order of Protection. However, the order will have to be served on whomever you seek protection from. Additionally. private process servers typically charge $50-$100.

How long does an Order of Protection last?

ANSWER:

An order of Protection lasts 1 year from the date of service. Also, if you are wanting to fight against an order of protection being filed against you, please contact our Arizona Protection Attorneys today for a free consultation. Also helpful, would be an experienced Arizona Family Attorney.

What is an Act of Domestic Violence?

ANSWER:

Examples of acts of domestic violence include stalking, kidnapping, making threats, assault, criminal damage, child abuse, endangerment, disorderly conduct, and custodial interference. Therefore, if you are dealing with someone who has violated any of the aforementioned. Immediately, contact an Arizona Restraining Order Attorney today.

What is an Injunction against Harassment?

ANSWER:

An Injunction Against Harassment is a protective order to prevent anyone, not just those you have a relationship with, from harassing someone or their workplace. Also, the defendant must have committed at least two acts of domestic violence. An experienced Arizona Attorney would be very helpful in assisting.

Where do I go to file either an Order of Protection or an Injunction Against Harassment?

ANSWER:

You can file your petition in any superior, municipal, or justice court in Arizona. Also, if you are seeking a protective order against someone in a different state, you can also file the order in that state. However, there are a few exceptions: you should return to the same court if you are in the midst of a divorce, separation, etc., and the order should be filed with the Superior Court Juvenile Division if the defendant is 12 or younger. An experienced family attorney is helpful in meeting your needs.

Will I have to go to court to get a Protective Order?

ANSWER:

Yes. If you file without an Arizona attorney, you will need to go to the courthouse to file your Order of Protection. Plus, you will also need to attend a hearing explaining why you need the Order of Protection. Additionally, if the defendant appeals, you will need to attend that hearing as well. You can and should take an experienced attorney with you to these hearings.

Do I need an attorney to file an Order of Protection?

ANSWER:

You don’t need an attorney to file an order of protection, but having an attorney can help you navigate the complicated and stressful process.

How do I file a Protective Order if the court house is closed?

ANSWER:

If your county’s population is 150,000, any law enforcement officer may call the Sheriff on your behalf to request an Emergency Order of Protection. Therefore, they will have to determine a reasonable belief of immediate and president danger. For additional information, contact an experienced Arizona Lawyer for additional advice.

Do I have to file a Police Report to get an Order of Protection?

ANSWER:

A police report isn’t required to get an Order of Protection, but can greatly assist you in the process. However, it may be helpful if the defendant decides to challenge your Arizona Protection Order. Therefore, an attorney with success in Arizona Orders of Protection will be a great assistance as you attempt to get a restraining order in Arizona.

Should I put my children on the Order of Protection?

ANSWER:

You should include your children on the Order of Protection if the abuser has harmed them in any way. Also, this includes harming you in front of the children. Plus, you should also include them if you have a reasonable belief that the defendant will harm your children. Contact our Arizona Protection Order Attorneys in Arizona for more answers about Order of Protection FAQS.

How do I fight a Protective Order in Arizona?

ANSWER:

You can request a hearing for the Order of Protection any time before the order expires. However, the hearing will typically be held within 5-10 days of requesting it. Therefore, you should Contact our Arizona Protection Order Attorneys in Arizona for more answers about Order of Protection FAQS.

How does a Protective Order work if you live in the same house?

ANSWER:

The person seeking the protective order should include a move-out provision, forcing the defendant to vacate the shared residence. Therefore, Contact our Arizona Protection Order Attorneys in Arizona for more answers about Order of Protection FAQS.

I was not able to get an Order of Protection, what can I do now?

ANSWER:

You should contact local domestic violence advocacy groups who may help you devise a safety plan if the perpetrator does continue to abuse you. Also, you can also reapply for the Order of Protection and provide new evidence of harm by the defendant. Therefore, Contact our Arizona Protection Order Attorneys in Arizona for more answers about Order of Protection FAQS. Also, be cautious as these type of protective orders are high-conflict in nature.

Are there different types of Restraining Orders?

ANSWER:

There are three main types of restraining orders: Emergency Protective Orders, Temporary Restraining Orders, and Domestic Violence Restraining Orders. Please know, an emergency protective order is typically obtained by the police if the victim is unable to get a TRO, and typically lasts 5 days. Plus. a temporary Restraining Order (TRO) is another type of restraining order used before the victim is able to appear before the court, but is filed by the victim instead of by the police on their behalf. Additionally, a Domestic Violence Restraining Order is granted after a judge has had the chance to hear the reason why the order was requested. Thus, you should contact an experienced lawyer to assist you with an Injunction Against Harassment, Protective or Restraining Order, and Orders of Protection in Arizona.

Contact our Arizona Protection Order Attorneys in Arizona for more answers about Order of Protection FAQS.

What happens if my spouse included the children on the Restraining Order?

ANSWER:

You should comply with the order until you are able to be heard by a judge and explain why you don’t pose a threat to your children and why they shouldn’t be included on the Order. Additionally, Contact our Arizona Protection Order Attorneys in Arizona for more answers about Order of Protection FAQS.

What is a Mutual Order of Protection?

ANSWER:

A Mutual Order of Protection is when both parties have protective orders against each other at the same time. Thus, this situation could be tricky. Therefore, contact one of our Arizona Restraining Order Attorneys for assistance.

Can I terminate an Order of Protection?

ANSWER:

You can do so by filing a Motion and Affidavit at the court that issued the order of protection. You will explain why you are asking for termination of the order in the affidavit. Therefore, Contact our Arizona Protection Order Attorneys in Arizona for more answers about Order of Protection FAQS.

How can I defend against an Order of Protection?

ANSWER:

You should comply with the order while waiting for your hearing to appeal the order. Also, Violating a temporary restraining order while waiting for your hearing can be used as evidence against you. Plus, you should gather evidence and witnesses that show you are innocent. Additionally, do not tamper with evidence or interfere with the petitioner’s witnesses. Therefore, you should consult an attorney as soon as possible after being served with the Order.

Contact our Arizona Protection Order Attorneys in Arizona for more answers about Order of Protection FAQS.

Should I get an attorney if an Order of Protection is filed against me?

ANSWER:

Whether you want to protect your time with your children, or you need to avoid negative consequences of an order of protection at work, an attorney can help you appeal a wrongful order. However, if you have the means, you should definitely hire an attorney if an Order of Protection is filed against you.

Contact our Arizona Protection Order Attorneys in Arizona for more answers about Order of Protection FAQS.

What can I expect at an Order of Protection hearing?

ANSWER:

You must attend the hearing or your order will be dismissed. Also, you should bring a copy of the Temporary Order of Protection and any evidence you have of the abuse. Make 3 copies of each document. Plus, if you have witnesses that want to testify, you must provide a list of them and they must attend the hearing. Additionally, you will have to recount the worst or most recent instances of abuse before the judge. Plus, there may be multiple hearings scheduled at the same time as yours, so you should plan for the hearing to take a while.

How do I extend an Order of Protection?

ANSWER:

As with terminating an Order of Protection, you will file a Motion and Affidavit with the court that issued the original order to explain why you need to extend the order of protection.