Were you arrested for family violence (domestic violence) in Phoenix or anywhere else in Maricopa County? If so, your accuser may have obtained a civil court order called a protective order, otherwise known as an “Order of Protection,” against you. If this has upset you, we understand since protective orders can stop you from doing a lot of things, such as going near your home, seeing your children, or possessing a firearm. Protective orders in Maricopa County are issued by a judge, and they have to be served by a process server, a police officer, or by a deputy sheriff. They cannot be served by the alleged victim. Protective orders are good for 12 months from the date of service, which is an eternity to someone who’s been wrongfully accused. What an Order of Protection can do:
- Prohibit you from committing violence,
- Prohibit you from harassing someone,
- Order you not to contact (in person, by phone, in writing, etc.) someone protected in the order,
- Order you to stay away from certain locations, such as your home, the victim’s school or work, etc.,
- Prevent you from seeing your children,
- Order you to surrender your firearms, and
- Prohibit you from purchasing firearms or ammunition.
As you can see, an order of protection can disrupt your life in many ways, especially if you have children and are asked to move out of your home. If you are on the brink of divorce, or in the middle of a divorce, having an Order of Protection against you will not be viewed well by the family judge handling your case.
What if I’m being falsely accused?
Unfortunately, many men are wrongfully accused of family violence or child molestation during a heated divorce or child custody battle. Other times, bitter spouses call 911 or file false charges out of anger, jealousy or spite. If you disagree with an Order of Protection, you have the right to tell your side of the story in court. However, in order to do this, you’ll need to request a hearing. The only way an Order of Protection can be dismissed or quashed is to have a judge do it, and we can help you by filing the appropriate motion with the court.
To learn more about protective orders, we urge you to contact the Davidson Criminal Defense & DUI Law Firm, PLC to speak with our former prosecutor for free.
