Being served with an order of protection in Arizona can be a confusing and overwhelming experience, especially if you feel the accusations against you are unjust or unwarranted. When the order stems from allegations of domestic violence, harassment, or threats, it’s crucial to understand what this legal action means and how to respond effectively.
There are 3 types of protective orders in Arizona:
- Order of protection – a legal order restricting an individual from contacting the person(s) who are protected by the order, or being within a certain distance of them, as well as committing acts of domestic violence
- Injunction against harassment – a legal order which requires an individual to cease harassing, annoying, or alarming the person(s) protected by the order
- Injunction against workplace harassment – a legal order which requires an individual to cease harassing, annoying, or alarming the person(s) protected by the order at a specific workplace, whether that be another employee, person who enters the workplace, or person performing official duties related to the job
Protective orders can greatly disrupt your life, and even lead to formal criminal charges if you violate it, even if you do so unintentionally. The steps you take after being served will have a significant impact on the way your case plays out and whether your rights will be sufficiently protected.
In this blog, we will help you understand the essential steps to take after being served and explain why swift action is vital to your defense.
Step #1: Review The Order Carefully
Even if you believe the protective order to be unwarranted, you must be sure to follow it rigidly for two crucial reasons: one, because (as already stated) you risk being charged if you violate it, and two, violating the order will not bode well for your defense case.
The order may include certain restrictions, actions you are prohibited from, as well as places you are prohibited from visiting or can only visit during certain periods of time. You may be forced to leave your home if the petitioner (person who requested the protective order) is granted sole use of your shared residence. In some cases, you may be required to turn your firearms and ammunition over to law enforcement, or be prohibited from purchasing them.
Each protective order is different and may be unique to your situation, so you must review it carefully in order to have a clear understanding of what actions you should avoid to protect yourself from criminal charges and other consequences.
Step #2: Comply With The Order Immediately
Again, we must stress that your personal opinion about the protective order does not matter. While it is in effect, you must adhere to its terms, or else you risk violating it. In the event that you do violate it, intentionally or unintentionally, and the petitioner was found to be put in danger because of it, you will likely be arrested.
Violating a protective order is a Class 1 misdemeanor in Arizona, bringing such penalties as expensive fines (up to $2,500) and jail time (up to 6 months), as well as a blemish on your criminal record (which will show up on background checks). It may be wise to keep a record of your daily movement and activities to avoid the petitioner making false allegations and claiming you violated the order.
Step #3: Secure Experienced Legal Representation
In order to take action against the protective order, it is in your best interests to seek an attorney who has experience defending protective orders in Arizona. They can help you understand your rights, ensure you are aware of the terms of the order so that you don’t unintentionally violate it, and choose the right path forward.
Your attorney will then explain your legal options for addressing the protective order – either negotiating for modifications, arguing that the order should be quashed because of false allegations or because it was improperly issued, or challenging the order based on other evidence. There are several possible defenses your attorney could utilize on your behalf, including:
- Lack of evidence – challenging the strength or validity of the evidence that was provided to the court to warrant the protective order
- False allegations – proving that the allegations were made up or exaggerated
- Self-defense – arguing that the act or behavior that warranted the order was made in self-defense or in defense of others
- Violation of due process – bringing procedural errors to light, such as not being properly notified or given a chance to respond
- No threat or harm – proving to the court that you are not a legitimate threat to the petitioner
Step #4: Prepare For The Court Hearing
When the protective order is initially granted, the judge handling the case only hears the petitioner’s side of the story. As such, you are entitled to a court hearing to oppose the order and present your side. Your attorney will assist you in filing a Request for Hearing form, which is free. The court will then schedule the hearing within ten calendar days from the date you filed the request, or within five days if you were forced to leave your residence as a result of the protective order.
While you are not legally required to attend the hearing, it is strongly recommended that you do. At the hearing, the judge will listen to testimony from both sides. Prior to this, you will have worked with your attorney to gather evidence and build a compelling argument on your behalf. This may involve:
- Gathering any physical evidence related to any incidents or events the petition refers to, such as clothing, photos, videos, and objects
- Assembling any documents or records that could relate to the case, such as letters, emails, phone and GPS records, receipts, computer records, and records that may show where you were at the time of the incident
- Making a list of possible witnesses (including any person you think has information regarding the incident, the accusations, or the petitioner) and obtaining the witnesses’ contact information
The judge will issue their ruling once both sides have presented. The petitioner typically has the burden of proving their case by a preponderance of evidence (a standard of more likely than not). The protective order will then be either made permanent or be dismissed.
Contact Alatorre Law Today To Learn How We Can Help You Navigate These Steps Effectively. We’re Here To Help!
You don’t have to go through this worrisome experience alone. Our lead order of protection defense attorney, Javier Alatorre, has nearly two decades of experience helping clients defend these types of allegations successfully and avoid the devastating consequences they could cause.
This issue should be taken seriously – it’s not something that will go away on its own. The longer you wait to take action, the longer your life will be disrupted. Contact our firm as soon as possible to schedule your Free Case Evaluation and learn more about how we can help you move forward.
