Free Consultation 24 Hour Response
Call Today Local (480) 498-8998
free consultation
no fee unless we win
F(480) 546-5262
Request Free Consultation
grand canyon

Phoenix Order of Protection Lawyer

Victims of domestic violence have the option of obtaining protection from the courts via an Order of Protection (OOP). If you’ve been served with an OOP, you should speak with a Phoenix order of protection lawyer as soon as possible. To obtain an OOP, a person must file a verified petition in a city court, justice court, or the superior court, setting forth the specific information contained in A.R.S. § 13-3602.

For the court to grant a petition for an order of protection, it must set forth the following pieces of information:

  1. The name of the person seeking the OOP;
  2. The name and address of the person against whom the OOP is sought;
  3. A specific statement, including dates, setting forth the details of the domestic violence incident alleged;
  4. A description of the domestic relationship between the parties (i.e. boyfriend/girlfriend, husband/wife, etc.), and a statement about whether there is a pending family court matter involving them;
  5. The name of the court, if any, in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained;
  6. The relief desired.

Arizona Order of Protection Process

There is no fee associated with filing a petition for an OOP. Once the petition is filed, the court shall issue an OOP in favor of the applicant if it determines, based on the facts alleged in the petition, that:

  • there is reasonable cause to believe that the defendant may commit an act of domestic violence; or
  • there is reasonable cause to believe that the defendant has committed an act of domestic violence against the applicant within the past year, or within a longer time if good cause exists to consider a longer period.

If the court issues the OOP, it has the power to fashion appropriate relief, which may include:

  • Enjoining the defendant from committing a domestic violence offense against the applicant;
  • Upon a showing that there is reasonable cause to believe that physical harm may otherwise result, grant one party the exclusive use and possession of the parties’ residence;
  • Bar the defendant from contacting the applicant, or from going to places where the applicant is likely to be;
  • If the court finds that the defendant presents a credible threat to the applicant, bar the defendant from possessing or purchasing a firearm for the duration of the order;
  • If the order was issued after notice to the defendant and a hearing where the defendant had an opportunity to participate, order the defendant to complete a domestic violence offender treatment program with an approved provider;
  • Bar the defendant from contacting people other than the applicant, such as minor children;
  • Grant the applicant exclusive care, custody, and control of any pets shared with the defendant.

If you have questions about the OOP process in Arizona, reach out to a criminal lawyer in Phoenix. The order of protection attorneys at Stone Rose Law can help answer any questions you may have during a free consultation.

What Happens After an Order of Protection Has Been Issued?

After a court issues an OOP, it must be served on the defendant to be effective. An order that is not served within one year of its issuance expires. If the order is served, it is effective for one year from the date of service. During that year, a defendant who wishes to contest the order may request a hearing on it. The hearing must then be held within ten days. However, if the order grants the applicant exclusive use of a residence, the hearing must be held in five days. The applicant must prove the facts alleged in the petition filed at the hearing by testifying and presenting evidence. The defendant has the right to cross-examine the applicant as to their testimony and present evidence if they wish. After considering the evidence presented at the hearing, if the court finds reasonable cause to believe that a domestic violence offense has occurred within the last year or is likely to happen without the order, it will sustain the order and leave it in place. However, if the court finds that the applicant failed to meet his or her burden of proof after hearing the evidence, it must quash the order.

Defending Against an Order of Protection

An OOP can significantly curtail your freedoms and stand as a dark spot on your record. If you have been served with an OOP, you should take all reasonable steps to fight it. This is especially true if you face criminal charges arising out of the events making up the basis for the OOP. In that situation, a Phoenix order of protection lawyer can use the hearing to cross-examine the alleged victim under oath, usually without an attorney or prosecutor there to protect them. This can be very beneficial to someone facing criminal charges. Often, what the person seeking the OOP testifies to at the hearing will be very different from what they initially told police. Any inconsistencies developed at the OOP hearing can then be used to the defendant’s benefit in the criminal case.

Violations of an Order of Protection & Interference With Judicial Proceedings

Suppose a person has been served with an Order of Protection (OOP) and subsequently violates the order’s terms; they can be charged with Interference with Judicial Proceedings, a class 1 misdemeanor, and domestic violence offense. According to A.R.S. § 13-2810, a person commits Interference with Judicial Proceedings by knowingly disobeying or resisting the lawful order, process, or other mandates of a court. A conviction for Interference with Judicial Proceedings that arises from the violation of an OOP is punishable by a maximum penalty of up to six months in jail, a fine of $2,500 plus surcharges, and a mandatory domestic violence counseling class.

Contact a Phoenix Order of Protection Lawyer if You’ve Been Served an OOP

If you have been served with an OOP, or if you would like to obtain one against someone else, you need experienced and aggressive counsel to ensure that your interests are protected. Call Stone Rose Law now for a free consultation with an order of protection attorney in Phoenix.