Can You Get A Restraining Order For Harassment – Schill Law Group has a dedicated team of attorneys who will work with you to challenge your protective order or anti-abuse order. Our attorneys have decades of experience in family law and criminal cases related to these orders. We use our experience and dedication to discover all the unique facts of your case that are necessary for you to defend yourself in court.
Many times protective orders are used unfairly in family law when one party tries to control the case by making accusations against the other party. This policy is painful for the accused party and is something our family law attorneys see a lot. If this has happened to you and you’re not sure how to proceed, we can help.
Can You Get A Restraining Order For Harassment
The attorneys at Schill Law Group have decades of experience challenging protective orders and anti-abuse orders in criminal and family courts throughout Arizona and can help you today. Call us anytime for a free, no-obligation consultation so we can gather all the necessary information we need to win your case.
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Our attorneys are available 24/7 for a free consultation if you have received an order of protection or abuse order in connection with a criminal or family matter. Getting started with us is easy, call today for a free case review and our attorneys will take the time to discuss the unique facts of your situation and gather all the information we need to win your case.
Quick links What is a protective order / protective order? Different Types of Protective Orders in Arizona Emergency Protective Orders Emergency Protective Orders Emergency Harassment Orders Anti-Harassment Orders in the Workplace Understanding Domestic Violence Why Some Restraining Orders May Seem Inappropriate. How do you fight a protective order? How an experienced attorney can help
In Arizona, protective orders are issued by the courts to protect victims of domestic violence. While these orders are designed to protect victims, some people want them to prevail in divorce or custody cases. Understanding safety instructions and how they work is important for people who receive them. These types of orders can cause significant problems for subordinates.
People who have been granted a protection order have the right to appeal. When an appeal is filed, the court will hold a hearing where both sides can testify. This can allow people who have received unfair protection orders to have them changed or dismissed. There is generally only one chance to appeal a protection order, so it is important to do so correctly and efficiently.
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An experienced family law attorney at Schill Law Group can review the order issued against you and advise you of your legal options.
If you have any questions, we are here to help. Call us anytime at (480) 637-0314 or contact us by email
An order of protection is an order issued by a justice of the peace or a judge. It is a type of injunction issued in a civil case and is sometimes referred to as a restraining order. Typically, people seek protective orders to prevent someone from engaging in domestic violence, abuse, or assault.
When a person applies for an order of protection, the court will issue it as a preliminary matter based solely on the person’s claims. The subject of the protection order will not be notified that the first proceedings are taking place and will not be able to defend themselves against it.
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If the judge or justice of the peace believes the person seeking the order, the court will issue it. Once the defendant has been properly served, it is valid for one year. While the protection order is in place, the defendant will be prohibited from contacting the protected person directly or through a third party.
For example, a blacklisted person will not be able to call, write, email or visit the protected person. The blocked individual is not allowed to ask others to forward messages or contact them on their behalf.
In addition to restrictions on communication, people restricted by protection orders may be ordered to stay at a certain distance from the workplace, school or home of the protection group. The judge can decide what kind of restrictions to put in the protective order to protect the person who requested it.
The type of protective order that can be issued depends on the relationship the person seeking the order has with the defendant and whether domestic violence has occurred.
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What is a release order? A release order is a type of protection order issued in domestic violence cases when people are released from prison. These orders will include conditions that defendants must follow to prevent victims from being harmed. Recorded Release Orders are orders available in rural areas of Arizona that do not have judges available to issue emergency orders when courts are closed. The sheriff sends the release order to the court to enforce the order. What is a security order? A protective order was obtained pursuant to Arizona Revises Statute ARS 13-3602. There is an order of protection that can be granted to those who are at risk of domestic violence. This type of injunction will prevent a restricted person from having contact with a protected person or persons. Protective orders may also include removing firearms from restricted persons, having restricted persons leave the home, and other forms of protection. What is an emergency protective order? Emergency orders are orders that can be issued by a judge or magistrate to protect someone who is at risk of domestic violence. These orders may include orders to stay away from the protected person and give the protected person the right to use their own home only. Emergency orders usually last only until the end of the next court date unless they are continued by the court. What is the anti-harassment order? An anti-harassment order is obtained under ARS 12-1809. This is a type of protective order that can be issued to prevent someone from abusing a protected person. It can be used in arguments against strangers or acquaintances and even former lovers. An anti-harassment order can prevent another person from contacting a protected person. What are the laws against workplace bullying? An anti-harassment injunction is a type of injunction that a person’s employer can request. This order is found in ARS 12-1810 and can be used to prevent an individual from entering or contacting a business to harass employees.
Although most people think that domestic violence only includes physical abuse, the term covers many types of behavior in Arizona under ARS 13-3601. Domestic violence can include physical, sexual, mental, economic and verbal abuse. Protective orders can be issued to protect victims of domestic violence from their abusers.
While domestic violence is a serious problem in Arizona, some people abuse the protection order process and seek orders against others to gain a better position in family law disputes. These orders are quite easy to find and some are not. Others are used to prevent eligible parents from seeing their children, or by forcing an innocent spouse to leave the family home.
People who receive illegal protective orders should understand their rights and get the help of an experienced attorney to fight them.
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A person can ask for an injunction in court without the judge hearing anything from the other side. The person placed under a protective order usually does not know that the other party is requesting a protective order and cannot testify.
Unfortunately, some people use this process and use protective orders to try to get specific orders from the court regarding child custody and divorce cases. If you have been granted a restraining order that prevents access to your home or your children, it can cause serious problems.
A protective order can show up in background checks and negatively impact your employment opportunities. If you want the protective order terminated, you need to file a motion with the court. While you await trial, you must comply with this order so as not to weaken your standing when you go to court.
A restraining order is valid for one year. However, you can ask the court to vary or set aside an order made against you. You will be allowed a hearing on your request to dismiss or modify the order. You must take immediate action by filing a written request when you receive an appealed protective order. Do not break the shield
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