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Order of Protection, Restraining Order & Injunction Against Harassment in Arizona

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Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3602 a violation of an “Order of Protection / Injunction Against Harassment” carries various degrees of punishment.

An Order of Protection is initially issued by a Judge or Justice of the Peace as a civil action and is sometimes calls a “Restraining Order”. It is usually obtained in order to prevent somebody from committing an act of Domestic Violence, Assault, or Harassment. It is issued by the Judge purely based upon the avowals of the person seeking the Order. In other words, the defendant has no idea that the proceeding to obtain the Order is taking place. Once the Order is served against the defendant, the Order will be in place for one (1) full year. During that time, the defendant cannot contact the filing party directly or cause others to contact the filing party directly. In addition, there are often restrictions from going within a certain distance from a person’s place of work, residence, or school. The Judge has a lot of flexibility in determining what conditions are imposed on the defendant, so long as they relate to protecting the party who has requested the Order.
The Order of Protection / Injunction Against Harassment can be challenged by requesting a written hearing. The written hearing will be held within ten (10) days after requested if proper paperwork is filed by the defendant (this amount drops to five (5) days if the Order prohibits the defendant from returning to his own home). During the Hearing, the Judge will hear from both sides to decide whether or not to uphold the Order. Many times the Judge will modify the Order regarding banned areas and allow the defendant the ability to pick up and drop off children from school. Occasionally, you will see a Judge issue what is known as a “Reciprocal Order” which also prohibits the filing party from harassing the original defendant.

Watch this short video where David explains Violation of Order of Protection / Injunction Against Harassment in Arizona:

If a defendant makes any type of contact with the filing party, or violates any of the provisions of the Order that the Judge imposed, then he can be charged with Violating the Order of Protection / Injunction Against Harassment, a class one (1) misdemeanor.

Contact our office if you have been charged with Violating an Order of Protection in Phoenix, Arizona or anywhere in the valley (Scottsdale, Gilbert, Mesa, Chandler, Glendale, Tempe, Avondale, Goodyear, Surprise, Peoria). You can reach us 24 hours a day, 7 days a week at (602) 307-0808 for a Free Consultation.

Punishment for Violating an Order of Protection

The punishment for Violating an Order of Protection includes immediate arrest and being held in custody until a judge makes a determination regarding release conditions. If convicted, a class one (1) misdemeanor carries a punishment of up to six (6) months in jail. In addition, the judge can impose a fine of up to $2,500.00 plus an 84% surcharge.

Defenses for Violating an Order of Protection

There are no really strong defenses to a violation of an Order of Protection / Injunction Against Harassment besides denying that the activities the defendant did were a violation of the Order. Many defendants assume that their activities are okay if the so-called victim “invited” the defendant over to meet with them. However, this is the Judge’s Order, and not the alleged victim’s order. This means that if the boyfriend / girlfriend (or husband / wife) patch things up, the alleged victim must go to the court and seek a withdrawal of the Order of Protection.

Many times what will occur is that a couple thought they had patched things up and resume their relationship, only in to engage in a loud argument, which results in the neighbors calling the police. When the police arrive, a computer check on both individuals is run and the Order is found and the defendant is arrested. The defendant is not released from arrest even if the girlfriend or spouse tells the police that they were the one who invited the defendant over.This is where it is necessary to have a good negotiator represent you. We have been successful in convincing prosecutors to drop the charges once we have explained the entire situation. Normally, we need to first get the original Order or Injunction “lifted”, then we sit down and speak with the prosecutor. The reputation of the lawyer you choose to defend you is critical in these situations.

Additionally, because our law firm fights conviction from all angles, we would assert a wide range of defenses and challenges to constitutional violations that apply in all criminal cases. The possibilities are numerous and diverse. One of those we frequently assert is a “Miranda rights violation.” In Arizona, the standard of whether any incriminating statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a “voluntariness” standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements.

In addition, the “denial of right to Counsel” is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their attorney, but is denied and questioning continues. Other defenses may include challenging the validity of any search warrant, or whether there were any “forensic flaws” during the investigation of your case. Lastly, one of the most common defense tactics is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction. It is important to hire a skilled lawyer to defend you who has knowledge of all the possible defenses to assert in your case.

It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®). Also David Michael Cantor is a Certified Criminal Law Specialist, per the Arizona Board of Legal Specialization. In addition, the Firm and all of its lawyers are listed in the Bar Register of Preeminent Lawyers®. At DM Cantor, the majority of our Attorneys are ex-Prosecutors, and all of our Phoenix Defense Lawyers for Violating an Order of Protection know the system well. For a Free Initial Consultation, call us at 602-307-0808.

If you have been served with an Order of Protection in Phoenix and have violated the order, contact DM Cantor and speak to a Defense Lawyer in Arizona for Violating an Order of Protection. We will assist you with your for Violating an Order of Protection case. We offer free consultations and they last about 30 minutes in our office. Call us at (602) 307-0808 to schedule a time to meet with a lawyer.

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