How Orders Of Protection & Their Legalities Can Affect Your Life
Restraining orders, also known as orders of protection, are legally established in a relationship to protect someone from harm or harassment. It prevents contact between individuals under penalty of law. If you have a restraining order against you, it’s important to understand the legalities and how the order will affect your life.
You could be asking, how does someone obtain a restraining order? Can you have it reversed? What happens if you accidentally break the restraining order? These are all important questions that we will address in this article.
Defining Phoenix Restraining Orders
Restraining orders are orders given by the legal court prohibiting a person from contacting, harassing, or coming near someone else’s home, work, or school. They are issued in unsafe or harmful circumstances such as:
- Domestic violence
- Threats
- Stalking
- Harassment
If you have a restraining order against you, it will be valid for 1 year from the date you were served with the order and could even require you to move out of your own home. Your Phoenix criminal defense lawyer can walk you through what a restraining order could mean for you and your rights in the process.
Understanding The Two Types Of Restraining Orders In Phoenix
There are two types of restraining orders that can be obtained in the Arizona court system. The first is an Order of Protection and the second is an Injunction Against Harassment. The difference lies in whether the circumstances involve a domestic relationship or not.
Order of Protections are given to those in domestic relationships such as:
- Spouse
- Ex-Partner
- Roommate
- Family Member
- Co-parent
- In-law
Injunctions Against Harassments are given to those not in domestic relationships such as:
- Neighbor
- Coworker
- Stranger
- Acquaintance
The Process In Obtaining & Serving a Restraining Order
Obtaining a restraining order is not as simple as calling a Phoenix assault attorney and obtaining it the same hour. If you were fighting with your spouse, they are unable to get a restraining order against you simply because they are mad. There is a process that must be followed and certain criteria that must be met.
First, a petition must be filed within the Arizona court system. This petition will include details about the relationship, incidents of violence, threats, harassment, or stalking, and why protection is needed. Once the petition is filed, a judge will talk to the person filing the same day and will determine whether or not to grant the order.
If the judge grants the order, the order will not be active until it is served to the defendant. Once the defendant receives the order, it will be active for 1 year. During this time, the defendant must stop all prohibited contacts such as calls, texts, visits, etc.
How Does a Restraining Order Impact Your Life & Rights In Phoenix?
If you are the one that is served with a restraining order, it can make a large impact on your life. Violating a restraining order can get you arrested for a crime in Arizona, even if it is an accident. Involving a Phoenix criminal defense attorney can help you understand your rights and how to protect them.
The restraining order will affect you in the following ways:
- No Contact Rule: You will not be able to contact the person who filed in any way whatsoever. This includes indirect contact through other people.
- Stay-Away Requirements: You will not be allowed to go near the person’s home, work, school, or other locations that are listed in the order. If you live with the person, you may be required to move out right away.
- Firearm Restrictions: In some cases, you may have your firearms taken from you for the duration of the order.
- Child Custody: If there are kids involved, it is possible that the order will restrict your visitation rights or affect your custody.
- Background Checks: Restraining orders can appear on background checks which can affect your jobs, housing, and professional licenses.
Can I Get a Restraining Order Removed Or Modified In Arizona?
What happens if you disagree with the restraining order or believe it is unfair? Do you have rights in this process? Yes, and your Phoenix criminal defense attorney will walk you through what to do if you believe the restraining order was unfair. It’s important to know that you cannot remove the restraining order on your own. It can only be removed by the court or the person who petitioned for it.
However, you can request a hearing at any point during the 1 year order. Once your lawyer files for a hearing, you should receive one within 10 business days (or 5 business days if children are involved). During the hearing, you and your lawyer will present evidence, bring witnesses, and argue as to why the order should be removed. The judge can then choose to remove the order, change it, or uphold it. If the order is upheld, you will have to wait until it expires after a year.
How a Lawyer Can Help With a Restraining Order
Your Phoenix criminal defense attorney can be a huge asset if you have been served with a restraining order. They can help in the following ways:
- Explaining your rights and restrictions
- Challenging the order in court
- Protecting and limiting the damage to your reputation
- Handling any related criminal issues
- Negotiating modifications
- Advising you on whether to fight or ride-out the order
Hire Our Trusted Phoenix Criminal Defense Attorneys For a Solid Defense Against a Restraining Order
If you have been served with a restraining order, our Phoenix criminal defense attorney at Davidson Criminal Defense can help. As a former prosecutor with years of experience and a track record of success, Joshua Davidson will aggressively fight for your rights and freedoms.
Don’t face your restraining order by yourself, reach out to our law firm today to find out how we can help you move forward amidst confusion and restriction.
