Arizona DUI & Criminal Defense Lawyer Blog
What are Protective Orders?
Individuals seeking to restrain a person from acts of domestic violence, harassment, coming near a residence, place of employment or school can obtain a Protective Order in any court in the State of Arizona. If you reside in Scottsdale, chances are you will be seeking an order in the Scottsdale City Court, or other nearby City/Municipal or Justice Courts in your community, including Paradise Valley Municipal Court, Biltmore Arcadia Justice Court, Desert Ridge Justice Court or McDowell Mountain Justice Court. An Order of Protection is generally requested when an individual is seeking protection against a spouse, former spouse, roommate, or other blood relative. If the person you are requesting the Order against does not qualify as a spouse, relative, roommate, or other designated domestic relationship, you will need to request an Injunction Against Harassment instead of an Order of Protection. An Injunction is typically sought when disputes arise between neighbors, co-workers, or other non-domestic relationships.
When requesting an Order of Protection, a Judge can issue the Order if he/she finds that the defendant may, or has committed an act of domestic violence. Domestic Violence Crimes can include Assault or Aggravated Assault, Child Abuse, Criminal Damage, Crimes Against Children, Disorderly Conduct, Harassment, Threatening and Intimidating and other related crimes. The Judge may order either party not to commit acts of Domestic Violence; prevent either party from coming near the residence or place of employment; grant one party full use of the residence; and order any other relief that may be necessary to ensure protection. The Judge may also prohibit the Defendant from possessing or purchasing any firearms as a condition of the Order, and shall subsequently order the Defendant to turn over any firearms to the appropriate law enforcement agency.
If the Judge issues the Order of Protection, it is the Plaintiff's (requestor's) responsibility to have the Defendant served before the order will become effective. Once served, the Order is in effect for twelve months. During this time, the Defendant can request one hearing any time during the twelve month effective date. The Judge will hear testimony and make a determination whether the Protective Order should be quashed or upheld. If at any time during this twelve month time frame the defendant violates the Order of Protection, he or she can be charged criminally for violating the Order of Protection or Injunction Against Harrassment.
This Firm can represent either a Plaintiff or Defendant seeking representation during any court proceedings requested by either party. The Firm also represents individuals facing criminal charges resulting from allegations of violating a Protective Order or Interfering with Judicial Proceedings (Class 1 Misdemeanor), or any other domestic violence crime. If you have a Protective Order matter or any criminal charges related to a Protective Order in the City of Scottsdale, or any surrounding valley areas, including Phoenix, Mesa, Tempe, Chandler, Gilbert, Paradise Valley, Apache Junction, Fountain Hills, and West Valley Cities, contact the Firm today to discuss your legal options.
**This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please contact the Firm to schedule a consultation regarding your case.