WE CAN HELP OBTAIN OR CONTEST AN ORDER OF PROTECTION
As experienced family law attorneys, orders of protection are unavoidable. We have helped clients obtain and quash orders of protection in family court and municipal court.
FAST FACTS ABOUT PROTECTIVE ORDERS
Protective orders are restraining orders intended to prevent a specific individual from committing an act of harassment or domestic violence against the protected person(s). Protective order is a general term that can refer to an order of protection or an injunction against harassment, depending on the parties’ relationship. Both types of protective orders are obtained through ex parte proceedings, meaning that a judge will decide to grant or deny a petition for a protective order the same day it is filed, without notice to the other party.
An order of protection is a protective order issued pursuant to A.R.S. § 13-3602 against someone with whom you have a specific relationship, usually a roommate, family member, or present/former spouse or romantic partner. It may prohibit the defendant from contacting the protected person(s) and/or from visiting specific locations, such as the protected person’s home, workplace, and/or school. It is effective upon service and, unless dismissed, an order of protection is valid for one year.
An injunction against harassment is a protective order against other individuals, with whom you do not have an intimate personal relationship, pursuant to A.R.S. § 12-1809. To obtain an injunction against harassment, the person against whom it is sought must have committed at least two acts of harassment within the last year. Like orders of protection, injunctions against harassment are also effective for one year unless dismissed earlier.
Once served, the person against whom a protective order is issued can request a hearing to contest the protective order. These hearings are mini-trials where the parties can present evidence and testimony for the court to determine if the order should be quashed (dismissed) or upheld. Protective orders can have lasting reputational and legal consequences. A protective order may be discovered on a background check and can adversely impact employment eligibility, residential lease approval, and firearms ownership rights.
Protective orders may be obtained independently or as part of a family law case. Protective orders do not automatically modify child custody and should not be used to subvert parenting time orders. Improperly obtaining a protective order can have serious consequences, including financial sanctions.