Order of Protection
An Order of Protection, also known as a Restraining Order, is an order filed by a judge that prevents any person from making contact with you in person or by telephone. An Order of Protection is commonly issued for domestic violence. If you are filing an Order of Protection on the grounds of domestic violence, one of the following must apply:
- Any physical violence or serious threat of harm
- Verbal abuse, intimidation or harassment
- Photographing, recording or watching without your consent
- Distribution of nude images of you or your child
- Kidnapping or unlawful imprisonment
- Criminal trespass
- Criminal damage
- Ignoring or disobeying a court order
- Preventing phone access during an emergency
- Custodial interference
- Homicide, manslaughter, and murder
- Animal neglect, mistreatment or abandonment
- Abusing a defenseless adult or child
- Disorderly conduct
Domestic violence is not the only way to secure a Restraining Order, however. In fact, Arizona law outlines 21 possible reasons a judge may grant an Order of Protection. These range from verbal assault to child abuse, endangerment and disorderly conduct. While a domestic violence Order of Protection requires that the petitioner establish a specific relationship with the offender, the others do not.
To protect a potential victim’s safety, the courts do not require filing fees to grant Restraining Orders. In other words, it is something you can do yourself without payment. However, it is in your best interests to retain the services of a family lawyer when filing an Order of Protection.
A recipient of a Restraining Order is allowed to request a formal hearing, so if this happens, legal counsel can represent your interests without you having to confront your antagonist. Our legal team knows that facing an abuser can be devastating, and we want to make this process as painless as possible.
Receiving an Order of Protection
If, on the other hand, you are on the receiving end of a restraining order, heed the instructions carefully. Even a phone call can be a violation of this contract, leaving you vulnerable to jail time or steep fines. Being served an Order of Protection can also affect your custodial rights during a court proceeding.
If these claims are unfounded or you are being falsely accused, retain the services of competent legal counsel. The right legal team can help you contest the restraining order and strike it from your public record once the allegations turn out to be unsubstantiated.
An Arizona Attorney to Protect Your Rights
At the Law Offices of Gillespie, Shields & Taylor, we are committed to the rights of everyone involved in a restraining order. We know that the safety of your children is paramount, so we will work with you to substantiate any claims of abuse. In divorce proceedings, a viable Order of Protection can help you retain sole custody of your children or even terminate the abusing parents’ rights if the threat is dire enough.
We will be a tireless advocate for your interests and for those of your children. Whether it is facing your abuser in court or preventing him or her access to your children in the future, we work hard to secure the outcome you are looking for.
We have been in the business of protecting families since 1985. Relying on our three decades of experience in the field, we know what kinds of cases result in sole custody or termination of parental rights. Do not take chances with your children’s rights. If you have any questions or would like to schedule a consultation so we can review the facts of your case, call on a trusted and compassionate legal team today.