If any type of restraining order has been taken out against you in the State of Arizona, you are required to abide by it’s terms, whether or not it is fair, and regardless of your guilt or innocence. If you have been accused of a restraining order violation, order of protection or other court order, you need a good Arizona criminal defense attorney to protect your rights. Contact us for a consultation on your case today.
What is a Restraining Order?
Under Arizona law there are two main types of restraining orders:
1. Orders of Protection
2. Injunctions Against Harassment
Orders of Protection
These restraining orders are filed in domestic cases. This means that you have a qualifying relationship with the victim. The victim is a spouse, ex-spouse, roommate, significant other, parent to your child, or relative.
See: Arizona criminal statute ARS 13-3602
Injunctions Against Harassment
Injunctions against harassment are filed in cases where there is no domestic relationship between the parties.
Both types of restraining orders can be filed by the alleged victim or a reliable third party. This third party can be law enforcement or any other concerned person. This third party will have to demonstrate the need for the order and a reason why the victim isn’t requesting it.
The courts themselves, often issue restraining orders of both kinds in instances where the parties are awaiting upcoming court dates.
Both kinds of restraining orders, regardless who initiates them are a legally binding order of the court. Even if you are innocent of the issue that brought about the order, you are required to adhere to the conditions.
Violation of Orders of Protection – Penalties
If you violated the order of protection or injunction against harassment, you can be charged with Interfering with Judicial Proceedings (ARS 13-2810) and be found guilty of a Class 1 misdemeanor punishable by up to 1 year in jail as well as fines up to $2,500.
If your violation of the order also constituted another offense (for instance harassment) you can and will be charged with this violating offense as well.
It is very possible to inadvertently or accidentally violate an order of protection or injunction against harassment. You can also be charged with a violation even if the victim is the one who initiated contact with you.
If you are charged with a violation of an order or protection in Arizona, please contact our attorneys for a legal consultation on how you can defend yourself in court from this potentially very serious charge.
Can I Get a Restraining Order Removed?
Yes, it is definitely possible. Often these restraining orders are issued without serious consideration, and are rarely contested by the person targeted. This means that not all of them are warranted. If you feel that an order of protection or injunction against harassment has been wrongly served on you, we can help you contest and have the protection order removed by the courts.
Protection orders are easy to get because the court is dedicated to protecting victims.
Only a judge can lift a restraining order. If someone misled the courts in taking out an order against you, you may be able to get it lifted with the help of an experienced Arizona criminal attorney.
How Can A Protective Order Affect Me?
It will show up on a criminal background check. Anyone doing such a check will know that there is a protective order or injuction against you. You can imagine that it would be easy for someone to misunderstand the circumstances, but this could easily lead to significant consequenses, from not getting a job or apartment, to any number of unpleasant occurances.
Background checks are cheap and commonplace. People can easily find this information. If you don’t think it is fair, and want to fight back, please contact our Arizona criminal law offices to find out how we can help.