One in three women in the United States has experienced sexual assault, physical assault, or stalking by a partner or former partner, and a growing number of men have also been subject to domestic violence. While the legal process necessary to end a marriage or other partnership can take some time, this can be one of the most dangerous periods in a violent relationship. Fortunately, there are other legal options available to domestic violence victims to ensure safety if the threat of violence is imminent.
If you are in urgent need of protection, a domestic violence attorney in Phoenix, AZ, can help you request an Order of Protection, or protective order, that puts the offending partner on notice that they are not allowed to contact you, approach you, or harm you in any way. This action can be lifesaving and can give you peace of mind that a violent partner or other family member cannot harm you again without severe recourse. The attorneys at Desert Legal Group have helped many clients request and receive these important protections.
What Is an Order of Protection?
Domestic violence is a serious problem in Arizona – around 40% of residents in our state report experiencing domestic violence. The most common option for domestic violence victims is to pursue criminal charges against their abuser. Unfortunately, it isn’t always easy to convince law enforcement of the true nature of the abuse, and the court proceedings necessary to convict can be lengthy. Even when criminal charges are successful, they may not be enough to compel the abuse to stop stalking or harassing you.
Protective orders offer a crucial form of legal protection that can begin quickly after a domestic violence incident or as you begin a family court matter like a divorce or child custody hearing. An order of protection is a legal document issued by a court to halt harmful or dangerous behavior by an abuser.
The document details specific protections for the victim that could include these and other orders:
- Prohibit the abuser from contacting the victim through any means
- Restrict the abuser from coming near the victim’s home, workplace, or school
- Grant the victim temporary custody of shared children
- Restricting the abuser’s visitation rights with shared children
- Order the abuser to move out of a shared residence
- Require the abuser to surrender firearms or other weapons
- Mandate that the abuser must attend counseling or treatment programs
- Provide the victim with temporary financial support
It is important to note that if you are facing a family court hearing, a protective order does not automatically or permanently modify any current child custody order. The terms of the protective order may temporarily limit your partner’s access to your children, but this request must be stated explicitly. To modify the custody order itself, you must petition the court and convince a judge that modifying the existing parenting plan serves the interests of the children.
Who Is Eligible for a Protective Order?
Protective orders specifically address domestic violence. If you are seeking a protective order, your attorney can provide domestic violence legal assistance in Arizona by reviewing your case to see if the circumstances call for a protective order.
Domestic violence generally applies when the abuser is one of the following:
- Your current or former spouse
- Your current or former romantic or sexual partner
- Your current or former roommate
- The parent of your child or unborn child
- The parent or grandparent of your spouse or partner
- The brother, sister, child, or grandchild of your spouse
- Your parent, grandparent, brother, sister, child, or grandchild
The type and severity of the offense committed by the defendant are also evaluated before the court will determine whether you qualify for a protective order. Any dangerous crime against a child under 15 can lead to a protective order, including crimes like second-degree murder, serious aggravated assault, sexual assault, molestation, sexual conduct with a minor, commercial sexual exploitation, child abuse, kidnapping, and involving minors in drug offenses.
If the individual has committed any of the following acts against you, your children, or another individual living in your household, you may qualify for a protective order:
- Threats of violence or intimidation
- Harassment
- Criminal trespassing or stalking
- Interference with child custody
- Physical assault, including assault with a weapon
- Kidnapping or unlawful imprisonment
- Other forms of abuse, including emotional and financial abuse
Once your lawyer establishes your eligibility to receive a protective order, they can draft a petition for an Order of Protection.
How Do I Request a Protective Order?
Your attorney will be your best resource as you apply for an Order of Protection. Your lawyer can help you draft the petition to request the Order. They will help you detail the acts of domestic violence that have taken place and the individuals and addresses who qualify for protection. You must sign and affirm the truth of the petition before an authorized person.
Overall, the process of drafting, signing, and affirming the document typically takes around two hours. It can help to prepare ahead of time by recording dates of past offenses and descriptions of the incidents of domestic violence. If possible, police reports, medical records, text or social media messages, and other records can help strengthen your petition. If multiple defendants are involved, a separate petition for each is required.
After the petition is complete, it will be presented to a judge for review. Your attorney can represent you before a judge and help you testify about the incidents in your petition if necessary. If the judge finds that an Order of Protection is necessary, they will issue the order and arrange for it to be served to the defendant via process server or law enforcement.
It is important to remember that not all requests for Orders of Protection are granted. Some may require a court hearing with the defendant before the judge will consider issuing a protective order. Your attorney can prepare you for the possible outcomes so you are aware of your options.
Can I Request an Emergency Protective Order?
There are times when court officials are not immediately available, but you need urgent protection. For example, consider a situation where a former partner physically assaults you on a weekend morning. In those cases, your lawyer can seek an emergency protective order. These orders are reserved for people who are in immediate danger of domestic violence.
A judge can grant an emergency Order of Protection verbally or in writing. Local law enforcement agencies can assist you in obtaining these orders as they respond to your emergency call. The officer will assess your situation and contact the court after hours to request the emergency protective order.
It is important to note that emergency protective orders expire after seven calendar days. To extend the order, you will need to work with your lawyer to file a petition for a longer order of protection. In rare cases, the original order may be extended by a judge.
What Are the Consequences of Violating a Protective Order?
An Order of Protection is a very powerful tool that offers support for victims of domestic violence. One reason they are so powerful is because they can lead to serious consequences for the defendant if they defy or violate the order.
Common consequences for anyone who violates a protective order include:
- Criminal charges – Violating a protective order is a criminal offense. The violator can be arrested and charged with a misdemeanor or felony, depending on the severity of the violation.
- Fines – Convictions can result in fines, which vary depending on the nature and frequency of the violations.
- Jail Time – Along with criminal charges, offenders may face immediate jail time. Repeat offenders may face longer sentences.
- Contempt of Court – Violating a protective order can lead to being held in contempt of court, which can include additional penalties.
- Probation – Violators may be placed on probation. This can place additional restrictions on the defendant by requiring them to comply with conditions set by the court.
- Additional Orders – Additional restraining orders or modifications to existing orders may be issued to provide further protection to the victim.
- Impact on Custody –Violations can negatively impact custody or visitation rights if the violator is a parent. These are typically temporary modifications, but permanent modifications are available with separate court filings.
Arizona courts take violations of protective orders seriously. Enforcing these violations may require action on the part of your attorney.
Why Victims of False Allegations and Domestic Violence Rely on Desert Legal Group, PLLC
If you are seeking an Order of Protection in Arizona, you need a law firm that takes your urgent situation seriously. At Desert Legal Group, our lawyers are committed to helping individuals navigate the complexities of Arizona family law, particularly when it comes to avoiding domestic violence.
Additionally, we offer personalized and compassionate legal representation tailored to each client’s unique situation, including defense against false domestic violence accusations. What distinguishes Desert Legal Group from other law firms is our unwavering commitment to personalized service and relentless advocacy. We represent clients in both family and criminal matters, so we have a unique perspective when it comes to protecting you from an abuser or from a false claim.
Our experienced lawyers prioritize empathy, compassion, and open communication. You will feel supported throughout your legal journey. With Desert Legal Group by your side, you can trust that your case will receive the attention and care it deserves.
What Are My Options if I Am Falsely Accused of Committing Domestic Violence?
Unfortunately, individuals sometimes request protective orders out of a desire to seek revenge on a former partner or gain the upper hand in family court, especially when child custody is involved. They may stretch the truth, provide false evidence, or even fabricate false statements to claim you are a danger to them. As a result, a judge may approve an Order of Protection that could impact your ability to retain child custody or damage your chances of a fair divorce settlement.
You may not even realize that your spouse or ex-partner is seeking a protective order until it is too late. Being served with notice of a protective order can be devastating if the allegations against you are baseless. Securing the services of a domestic violence attorney can help you ensure that you present the facts to the court and avoid any negative repercussions of the false protective order.
Your attorney can schedule a hearing that will enable you to present the facts of your case. Using evidence and testimony, your lawyer can demonstrate that you are not a danger to anyone and should not have a protective order in place against you. The efforts of the other party could ultimately backfire, as the court does not look favorably on people who misuse the system to serve their own purposes.
Protective Order FAQs
Whether you are in need of an Order of Protection or have had a protective order falsely placed against you, it is important to learn the details surrounding these orders. Here are some of the most frequently asked questions about protective orders in Arizona.
Schedule Your Protective Order Consultation Today
Domestic violence legal assistance in Arizona is crucial to securing an Order of Protection that will prevent you and your loved ones from experiencing continued domestic violence. The skilled Order of Protection attorneys at Desert Legal Group can help you draft a thorough petition and represent your argument for protection before a judge. Our team can also help you fight false allegations in court. We represent clients in both criminal and family court matters, and our experience and perspective can be a valuable asset in your case.
Domestic violence is wholly unacceptable and unlawful. If you are a victim of domestic violence, our compassionate, discreet attorneys can guide you through this difficult time so you can approach the future with safety and security. To schedule your protective order consultation, contact our firm today.
*Editor’s Note: This article was originally published Apr 20, 2022 and has been updated August 29, 2024.
Sources:
- National Domestic Violence Hotline. (n.d.). Domestic violence statistics. The Hotline. Retrieved August 23, 2024, from https://www.thehotline.org/stakeholders/domestic-violence-statistics/
- Maricopa County Attorney’s Office. (n.d.). Domestic violence. Maricopa County Attorney’s Office. Retrieved August 23, 2024, from https://www.maricopacountyattorney.org/298/Domestic-Violence
- Superior Court of Arizona in Maricopa County. (n.d.). Orders of protection. Retrieved August 23, 2024, from https://superiorcourt.maricopa.gov/llrc/orders-of-protection/
- Arizona Revised Statutes. (n.d.). Domestic violence; definition. Arizona State Legislature. Retrieved August 23, 2024, from https://www.azleg.gov/ars/13/03602.htm
Attorney Cory Keith is an exceptional legal professional dedicated to providing effective representation for his clients. Driven by the belief in treating others how he would want himself represented, Mr. Keith has earned a name for himself for his unflagging advocacy and compassionate approach to law.
Mr. Keith attended Arizona State University, earning his Bachelor’s in Criminal Justice and Criminology through a full academic scholarship. With outstanding performance, he received another full ride academic scholarship to attend law school, where he demonstrated exceptional leadership abilities by accepting executive roles in various organizations as well as serving as legal clerk at multiple well-respected law firms.