What You Should Know About Protection Orders
Sometimes, an individual might file an order of protection against you in the event that he or she is alleging domestic violence, stalking, or other unwanted and illegal behavior. If you have received notification about a pending protection order, an existing one, or someone’s intention to file against you, you need to act swiftly and consult with an experienced criminal defense attorney.
In many cases, protection orders are approved in Arizona to limit contact between two parties. Restraining this contact might be an effort to protect one individual against unwanted behavior by the other party. They are commonly used in situations involving allegations of sexual abuse, domestic violence, or battery. An order of protection will typically be awarded if the victim has substantial fear or reason to believe that the behavior will not stop without intervention. Here is what you should know about protection orders.
What is a Protection Order?
A protection order is simply a document from the court that limits further contact or behavior from one party to another. Often used to provide security and limit potentially abusive behavior, it’s important to know that there are several different kinds of protection orders in Arizona. Two of the most popular types include an injunction against harassment and an emergency order of protection.
A protection order is a legal restraint with the purpose of prohibiting someone from committing acts of abuse. It might also include other requirements like mandates to remove firearms from a home, an addition of another individual onto the order, or rights for one party to have exclusive use of a residence.
What If There’s a Protection Order Against Me?
If you have a protection order pending against you or one that has already been entered into the record, you need legal advice immediately. A Mesa criminal defense attorney can counsel you about appropriate steps and recommended actions to take. Don’t attempt to contact the other party until you have had a chance to communicate directly with your own lawyer.
You have the right to challenge a protection order by filing paperwork for a hearing. The hearing will be held within 10 days after the requested paperwork is filed. Both parties will have the chance to share their concerns with the judge, who will decide whether the order should be upheld or not.
Violating a protection order, even unintentionally, can carry stiff consequences. It becomes even more problematic if there’s a child custody issue pending in family court. If you’re fighting for custody or visitation time with your children, these family issues can become immediately more complex when there’s a protection order on the table. You should consult with your Mesa criminal defense lawyer about how one impacts the other and the best way to proceed to avoid violations.
What to Do If You Violate a Protection Order
If you’re accused of violating a protection order, take it seriously. You could be arrested and held in custody until a judge determines release conditions. If you’re convicted of violating the order, you could face misdemeanor penalties like jail time and fines. Reach out to your Mesa criminal defense attorney immediately.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please feel free to contact Mesa Criminal Attorney, Garrett L. Smith at 480-540-6021 log on to www.mycriminaldefenselawyeraz.com, or contact an attorney in your area.