Tempe Protective Orders Lawyer

Home /  Tempe Criminal Lawyer /  Tempe Domestic Violence Lawyer /  Tempe Protective Orders Lawyer
Schedule A Consultation With The Grand Canyon Attorney Who Can Help

Although no one deserves to live in fear of a loved one, they also do not deserve to be railroaded because a vindictive partner sees an opportunity to lash out. Unlike most criminal cases, domestic violence allegations can significantly impact your life before you have a chance to defend yourself at trial. Protective orders can force you to leave your home and prevent you from seeing your children.

Although many protective orders are legitimate, some are issued because one person lies to get an estranged spouse or partner in trouble. If this happens to you, a Tempe protective orders lawyer can intercede and defend you in court. Speak to the dedicated attorneys at Grand Canyon Law Group as soon as possible to discuss your rights and legal options.

WHAT IS AN ORDER OF PROTECTION?

Protective orders separate those accused of domestic violence from their accusers. These orders are common between spouses, domestic partners, and dating partners, but anyone can request a protective order against another person.

Those seeking protective orders must explain to the courts why they believe they are in danger. Some scenarios that may lead to protective orders include the following allegations:

  • Kidnapping or holding another against their will
  • Trespassing or damaging another’s property
  • Threats of violence
  • Harassment by stalking, telephoning, or texting threatening messages
  • Threats with a deadly weapon
  • Assaults

An order of protection prohibits the accused from coming within a certain distance or contacting the person with the order. It can also call for removing weapons from the accused and granting exclusive use of a shared home to the person with the order. Our experienced Tempe attorneys can further explain the restrictions for a specific protective order.

CONTESTING A PROTECTIVE ORDER

In a contentious divorce or breakup, one party may seek a protective order as a quick way to remove the other party from the home and cast a negative light on them. Protective orders can prevent someone from visiting their children and impact divorce and child custody matters.

Orders of protection can be challenged through a court hearing within ten days of a request or five days if defendants are barred from the shared home. Both parties offer input at a hearing, and the judge can alter, strike down, or issue a reciprocal order so neither party can contact the other. Our lawyers in Tempe are experienced at combatting protective orders and can work to get them overturned.

When a protective order is issued, the courts only hear one side of the dispute. Once an attorney schedules a hearing to contest an order, the accused must offer proof that the order contains misinformation. For example, suppose an estranged spouse claims the other spouse made threatening phone calls on consecutive days at certain times, but there is no phone record to substantiate the calls. In that case, the judge should modify or dismiss the protective order. It is crucial to follow protective orders in place, however, as violations can lead to legal consequences.

HOW LONG DO PROTECTIVE ORDERS LAST?

Before the enactment of House Bill 2604, which amends Sections 13-3602 and 13-3624 of the Arizona Revised Statutes, emergency protective orders expired at the end of the following judicial business day after issuance, while regular orders expired in a year. Now, emergency orders are good for seven calendar days and regular orders for two years.

Protective orders go into effect the moment the judge grants them. Arizona Revised Statutes §13-3602 makes it a crime to violate a protective order. Violators face immediate arrest and detainment until a judge issues the conditions for release. A conviction means a jail term of up to six months, a $2,500 fine, and an 84 percent surcharge. Those facing alleged violations of protective orders should contact our skilled local attorneys immediately for representation.

CALL A TEMPE PROTECTION ORDERS ATTORNEY TODAY

Although protective orders serve a crucial purpose when validly issued, they have also been used by vindictive partners during divorces or child custody battles. In these situations, you need legal representation from a Tempe protective orders lawyer.

Regardless of your circumstances, talking to legal counsel should be a priority when facing domestic violence allegations. Call Grand Canyon Law Group today to discuss your case and determine an effective strategy.