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Category Archives: 75 Orders of Protection / Injunction Against Harassment Victories

VIOLATION of ORDER of PROTECTION DISMISSED – State v. Mr. J (DMC No. 11899) (Mesa City Court No. 2013-002170): Mr. J was a professional baseball player who pitched for the Red Sox organization. He had been going through a divorce with his wife and was served an Order of Protection. That Order of Protection included allegations of violence to his wife, children and the family pet.   The order issued by the Judge stated “Defendant shall have no contact with protected persons [wife and children] except through Attorneys, Legal Process, Court Hearings and as follows: Mail/ Writing”.

 

Ten months later, Mr. J showed up at his house with a trailer in order to pick up personal items. Mr. J had just driven in from California (where he was now living). This pick  up  had  previously  been  arranged  through  his  divorce attorney  and  his  wife’s  divorce attorney. In addition, his wife’s divorce attorney approved contact through text messaging in order to facilitate the pickup. When Mr. J arrived, his wife called Police and he was arrested for a Violation of the Order of Protection per Arizona Revised Statute ARS 13-3602.

 

I was contacted by his divorce attorney and by his sports agent. I arrived at the Mesa City Jail in time for the morning docket on the weekend calendar. Mr. J was then released on his Own Recognizance. Subsequently, I received the police report and began to assemble documents in order to have the case dismissed. After meeting with the Prosecutor with all documents, she declined to dismiss charges and the case was set to Trial. At the time of Trial, the State moved to dismiss all charges.

ORDER of PROTECTION QUASHED at HEARING – State v. Ms. R. (DMC No. 7830) (Moon Valley Justice Court CC2008-029585): Ms. R. and her daughter had been having troubles from some time. Ms. R. moved from Chicago to Phoenix in order to live with her daughter. After numerous arguments, Ms. R.’s daughter claimed that items had been broken in the house and she had filed for an Order of Protection and had her mother removed from the house. We were able to show that these allegations were manufactured, and the Order of Protection was quashed. Ms. R. was allowed to move back into her house.

INJUNCTION AGAINST HARASSMENT QUASHED at HEARING – State v. Mr. M. (DMC No. 6310) (Apache Junction City Court CV2006-00247): Mr. M. became engaged with a dispute with a neighbor in a rural area. It escalated to the point where the neighbor cut off Mr. M.’s utility easements, thereby severing his phone service and certain utilities. Eventually, an Injunction Against Harassment was filed against Mr. M. and a Hearing was held. The judge found that the neighbor was being unreasonable and the injunction was quashed as to Mr. M. In addition, the judge informed the neighbor that he could be breaking laws when he cut off access to Mr. M.’s utilities.

INJUNCTION AGAINST HARASSMENT DISMISSED after HEARING – State v. Ms. A. (DMC No. 6771) (Moon Valley Justice Court CC2006-18779000): Ms. A.’s child was being harassed by various children in the neighborhood.  He was an 11 year old boy when things became heated, Ms. A. got into an argument with neighbors.  An Injunction Against Harassment was filed against her, and at a full blown Evidentiary Hearing, we were able to have that Injunction Against Harassment dismissed.

INJUNCTION AGAINST HARASSMENT DISMISSED – State v. Mr. P. (DMC No. 4651) (Gilbert City Court 04CR966/97): Mr. P. had been locked in a particularly difficult divorce when his wife filed Orders of Protection against him.  He was accused of violating three separate Orders of Protection, but we were able to show that one of those Orders of Protection lacked proper service and had factual deficiencies.  That Injunction Against Harassment was dismissed in full.

ORDER of PROTECTION DISMISSED after HEARING – State v. Ms. C. (DMC No. 6282) (Maricopa County Superior Court FN2006-019301/FN2006-002312): Ms. C. had been in a long standing feud with her mother and sister, when they field an Order of Protection Against her.  Various claims were made that she had been threatening them.  After we had Ms. C. take a polygraph test, the results showed that she was being truthful and not threatening her mother or sister.  After a full Hearing, the Order of Protection was dismissed.

INJUNCTION AGAINST HARASSMENT QUASHED after HEARING – State v. Mr. A.  (DMC No. 6776) (Maricopa County Juvenile Court JP278): Mr. A. (a juvenile) and his sister were being harassed by other kids in the neighborhood.  After multiple incidents of bullying, fights broke out.  The other kid’s parent’s filed an Injunction Against Harassment against Mr. A.   We were able to conduct a full Hearing and have the Injunctions Against Harassment quashed in full.

ORDER of PROTECTION QUASHED at HEARING – State v. Mr. A. (DMC No. 4533) (Chandler City Court 04-C-DV290): Mr. A. was having marital problems with his wife when she filed an Order of Protection.  This forbade him having contact with her or her children.   After receiving a call from the wife, we discussed some options for Mr. A. and she agreed to assist us in quashing the Order or Protection.   The Judge agreed with all parties, and the Order was quashed.

VIOLATION of INJUNCTION AGAINST HARASSMENT DISMISSED- State v. Mr. B. (DMC No. 4802) (Scottsdale City Court CR2004-20751): Mr. B. had been having problems with his mother, who she had served him with an Order of Protection.  He then left her a voice mail stating that he was “damn mad”.  Police arrested and cited him for a violation of an Order of Protection, and just prior to Hearing we argued that the service of the Order of Protection was improper on Mr. B.  The Prosecutor agreed to dismiss all charges if Mr. B. completed some classes per a “diversion” agreement.

INJUNCTION AGAINST HARASSMENT DISMISSED at HEARING – State v. Ms. C. (DMC No. 6470) (Maricopa County Superior Court CV2006-008805): Ms. C. lived in her mother’s condo, and she had a dispute with the neighbor.  The neighbor had a plumber come to the property and shut off the water while they were working on his condo.  Ms. C. got into a dispute with the plumber and the neighbor, and she was subsequently served with an Injunction Against Harassment.  At Hearing, we convinced the Judge that this Injunction should be dismissed.  It was dismissed outright, and Ms. C. did not have to fear any false complaints being filed by her neighbor.

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