In Arizona, a Restraining Order is called an Order of Protection. An unfair Order of Protection can lead to serious consequences, such as:
The inability to visit children
The inability to enter your own home
Losing child custody or parenting time with children
Having parenting time restricted to supervised visitation only
This Order will also show up on a background check, which could negatively impact your career and future employment options.
Your best defense against an unfair Order of Protection is to contact an experienced Arizona criminal defense lawyer who will help you contest the Order.
How to Contest the Order of Protection
When an Order of Protection is issued against you, it can be contested by requesting a hearing.
At a hearing, a judge hears all the facts before making a decision based on Arizona law.
If the judge rules against you at the hearing, you may then appeal the court's decision made at the hearing.
It is important to understand that it is difficult, albeit not impossible, to have an Order of Protection lifted.
Your lawyer will need to present significant evidence that discredits the petitioner or rebuts the reasons the Order was issued.
Be sure to comply with all terms of the Order until your legal situation is resolved to avoid unnecessary legal trouble.
Rely on your Arizona criminal defense attorney to come up with the legal strategy needed to clear your name and have the unfair Order of Protection lifted.
Injunction Against Harassment in Arizona
An injunction against harassment is a kind of protective order that can be issued in Arizona.
If you've been issued with an injunction against harassment, knowing what you are dealing with is the first step to get things fixed.
What is an Injunction Against Harassment
An injunction against harassment, a.k.a. IAH, is a civil order issued by the court.
While the civil order can be issued against individuals such as friends, neighbors, employers, or acquaintances, it is not meant to be used against someone who is related to you or who you are intimate with.
In order to issue an injunction against harassment, the individual must claim that you are harassing them.
For the purpose of the order, harassment constitutes a series of acts that:
Seriously causes alarm, annoys, or harasses another person.
Is directed at a specific individual
Is without reason or purpose.
How to Fight an Injunction Against Harassment
Attaining an injunction against harassment is not a challenging process, but fighting one can be.
However with the right Phoenix criminal defense lawyer, you can have it dismissed or modified .
Below are the three criteria that must be met for the injunction to be issued without giving notice to the defendant:
There must be reasonable evidence of harassment within the year leading up to the petition filing
There must be good cause to believe that permanent or severe harm will occur without the injunction
They must verify with the court that you attempted to give notice to the defendant regarding the injunction or that there are concrete reasons as to why notice should be denied
Those who fail to meet the above three criteria still have the option to attain an injunction, but only after giving the defendant notice and scheduling a hearing.
The right criminal defense lawyer can help you prove to the courts that there is no basis for an injunction to be filed against you.
Don't let your reputation be tarnished. Contact Tyler Allen Law firm today using the form on this page.