Restraining Order Violation Lawyer in Phoenix, Arizona
Violation of a restraining order or order of protection in Phoenix is taken very seriously by both the courts and the prosecutors. If you are served with a restraining order or an order of protection, only the Court can modify or terminate the order. Even if the person who obtained the restraining order or order of protection later changes his or her mind and invites you to have contact with them, you can be charged with this serious offense. It is also not uncommon for ‘victims’ of this offense to use the restraining order or order of protection as a sword instead of a shield. As both a prosecutor and a defense attorney, I have seen many occasions where the holder of the court order initiates and maintains contact with the other party and later notifies or threatens to notify the police when they become angry or upset. The bottom line is that if you have been served with an order of protection or a restraining order, only the court that issued it can legally allow you to resume contact.
Phoenix Domestic Violence Interfering with Judicial Proceedings Defense Attorney
In Phoenix, a restraining order is technically referred to as either an injunction against harassment or an order of protection. Regardless of which specific order is involved, the crime of interfering with judicial proceedings can be filed if the order is violated. In Phoenix, this offense is categorized as a domestic violence offense if the relationship between the victim and the defendant meets one of the definitions set forth in Arizona Revised Statute 13-3601(a):
- The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
- The victim and the defendant have a child in common.
- The victim or the defendant is pregnant by the other party.
- The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
- The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
- The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship.
Phoenix Interfering with Judicial Proceedings Defense Lawyer
When charged or arrested for domestic violence interfering with judicial proceedings, it is critical that you consult a seasoned Phoenix restraining order attorney immediately. An experienced Phoenix domestic violence interfering with judicial proceedings defense lawyer like Joshua S. Davidson will fight for you and put his experience as a former felony prosecutor to work for you. He is a Phoenix restraining order attorney who will seek the best possible outcome for your case and protect your rights.
Joshua S. Davidson is an aggressive domestic violence defense lawyer who represents clients charged with interfering with judicial proceedings in Phoenix, Arizona. Contact him today.
