How to Fight a Restraining Order in Arizona
An Order of Protection is an important legal tool that helps many people who are subject to abusive situations escape those situations and keep themselves, and sometimes their children protected against someone who is a threat. Unfortunately, not everyone who seeks an Order of Protection in Arizona actually needs one. Sometimes restraining orders are sought simply because of a disagreement or misunderstanding, or revenge that has nothing to do with anyone’s safety. That’s why it becomes necessary for some people to know how to fight a restraining order in Arizona.
What is an Order of Protection, and What Does it Mean?
When an Order of Protection is legitimate, it is an important tool that helps people stay safe from someone that may be threatening them.
In Arizona, a restraining order can be either an injunction to prohibit harassment filed against coworkers, strangers, or acquaintances, or it can be a standard order of protection, which is filed against spouses or other significant others.
When petitioning for a restraining order, the petitioner needs to show there is a threat of abuse, which can be physical or emotional. Because there is potential for harm, the petitioner is often given the benefit of the doubt in these cases. There is little that the defendant can do to defend themselves when the restraining order is placed.
Order of Protection Restrictions
If it stays in place, the order will define the space that you must keep between yourself and the person filing the order. It can keep you from going into your home or workspaces. It can restrict your communication.
Often, the restrictions aren’t just between you and the filer; they can affect the relationship with your children as well. If the order stands, it lasts for a year and can put a label on you as an “abusive person”, which can show up if anyone does a background check, and may inhibit your ability to get the job you want.
How To Fight a False Order of Protection
1. Follow the stipulations
The first step in contesting a restraining order is to follow it, even if it seems unfair. Many people ask, “How long does a restraining order last in Arizona?”, and the answer is one year, but it is possible to get the order terminated if you have proper evidence. Normally, there is one shot to fight a restraining order, and once you file a motion to overturn an order of protection your hearing is usually scheduled within the week.
2. Work with an attorney
It is best to work with an attorney and get advice on how to fight an order of protection before you file your motion. It will be important to look carefully at the terms of the order, as well as whatever violations you have been accused of making. For example, phone records can help prove you are not guilty of phone harassment. Your attorney can look more specifically at your order and help you pull together evidence to either modify or dismiss the order, so it does not restrict your life as much.
3. Stay calm and stay off social media
Because there is so much at stake, it is important to stay calm and obedient when it comes to the terms of the order. Going against the order will only make you look volatile and hurt your chances of getting the order dismissed. Even before you hire an attorney, you can gather as much evidence as you can on your own. Be careful about what you post on social media. It can be tempting to vent, however, posts and comments can be used against you had there been threats to file because of an unrelated, and non-abusive action.
4. Let your attorney make your case
Once you have your day in court, continue to stay calm and let your defense attorney present the evidence. If there are modified rules, it is important to continue to follow those rules for as long as any sort of order is active.
Contact an Experienced Attorney in Arizona
If you have been accused of abuse or harassment, fighting back is possible, but it must be done the right way to get the long-term effect you need. To learn more on how to contest an order of protection in Arizona, contact us today.