An order of protection, also sometimes referred to as a restraining order, is issued by the court to limit the behavior of someone who harms or threatens to harm another person. It is used to address various types of safety issues, including, but not limited to situations involving domestic violence.
You may apply for and receive an Order of Protection if you meet the following requirements:
The defendant is:
- Your spouse or your former spouse
- Your roommate or your former roommate
- The father or mother of your child or your unborn child
- A person that you were previously or are currently involved with either romantically or sexually
- Your parent, grandparent, brother, sister, child, or grandchild
- Your spouse’s parent, grandparent, brother, sister, child or grandchild
The court must find reasonable cause to believe that the defendant has committed an act of domestic violence against the plaintiff within the past year or that he/she may commit an act of violence in the near future.
Orders of Protection may include children as protected parties; however, the courts in Maricopa County are reticent to include children except under the most egregious of conditions. A party granted an Order of Protection is normally also given exclusive use and possession of the home, if the parties share a dwelling. An Order of Protection is normally fashioned to control the communications between the parties. Unchallenged Orders of Protection remain in place for one-year, when they then expire automatically.
Orders of Protection, if challenged normally invoke the “Brady Law” which requires that the defendant cannot possess a firearm for the duration of the Order of Protection. This is a major consideration for parties in the military or law enforcement. Often parties knee-jerk reaction is to request a hearing on the Order of Protection as soon as being served. An Evidentiary Hearing may not always be the best plan of attack for a number of varying reasons. Again, if you find yourself served with an Order of Protection; it is best to meet with an experienced family law attorney prior to making a bad situation worse.
Learn More About Orders of Protection
The professionals at the Law office of Kent Lee, PC represent individuals throughout Peoria, Glendale and the surrounding communities of Maricopa County, Phoenix, Surprise, Anthem, Arrowhead, El Mirage, Avondale, Tolleson, Buckeye, Sun City, Sun City Grand, & Sun City West.
If you need legal representation pertaining to child support cases, the Law Office of Kent Lee, PC can help. Please feel free to call (623) 889-7760.