If you are involved in a marriage or a relationship where you experience domestic violence, it is possible for you to obtain an Order of Protection from the court which could prevent further harm. If you are involved in a pending family law matter, you must obtain your Order of Protection from the Family Law Division of the Superior Court. Since Orders of Protection are intended to prevent harm which may be imminent, parties who request them are often heard in Court the same day they file their request. For the protection of those who seek Orders of Protection, the party against whom each Order is requested is not present at the initial hearing. If the Court determines that it has reasonable cause to believe that the alleged domestic violence has occurred or could occur in the future, the Order of Protection will be issued.
How Orders of Protection Keep Domestic Violence Victims Safe
Orders of Protection are intended to deter future incidents of domestic violence by making violation of said order a criminal offense. Additionally, if domestic violence has already occurred, criminal charges may be filed against the defendant. In order for your Order of Protection to have as much of a deterrent effect as possible, make sure that other people know about it. For example, if your employer is aware of an Order of Protection, they could alert the police promptly if they see the defendant come into your place of work. Think of the places you go most often, and give copies of your Order of Protection to people at each of those locations.
Who May Obtain an Order of Protection
Any person who has been subject to domestic violence or fears that they will be subject to domestic violence in the future may obtain an Order of Protection. Parents of children who have experienced domestic violence or whom the parent fears will be subject to domestic violence may also obtain Orders of Protection on behalf of the children. Domestic violence extends beyond physical violence, to include behaviors like stalking, harassment, threats, emotional abuse, custodial interference, and more. The knowledgeable Tucson Divorce Attorneys at Barr Law Firm, PLLC understand that it is difficult to seek relief from domestic violence, and you can count on our steadfast support throughout your Order of Protection proceedings.
When an Order of Protection is issued, the person to whom it applies, the defendant, has an opportunity to contest it. At the contested hearing, which often occurs between five and ten days of the issuance of the Order, the Court will hear testimony from both the defendant and the person who obtained the Order. After the Court hears the testimony and reviews the evidence, it will decide whether to uphold, modify, or dismiss the Order. The dedicated Arizona Divorce Attorneys at Barr Law Firm, PLLC can give you the support and advocacy that you need in a contested hearing situation.
Experienced Arizona Divorce Attorneys Serving Clients throughout Tucson
The caring and compassionate Arizona Divorce Attorneys at Barr Law Firm, PLLC understand that the need for an Order of Protection can arise at any time. Our attorneys are easy to reach by telephone twenty four hours a day, seven days a week, at (520) 277-2048. When you call the Tucson Divorce Attorneys at Barr Law Firm, PLLC, you can trust that your matter is being handled exclusively by an experienced Arizona Divorce Lawyer who has earned an “A” rating from the Better Business Bureau for providing excellent service to their clients.
Do you have questions related to orders of protection in Arizona? Find out more from the Tucson divorce lawyers at Barr Law Firm, PLLC.