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Phoenix Protective Orders

When a person makes connections with other people, safety is often considered. No one wants to be around someone who threatens, harasses, or attacks others, even for the most minor things. This is especially true if these connections turn into relationships that lead to marriage and families.

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But, when these connections and relationships grow sour, and abuse or harassment starts occurring on a regular basis, immediate action should be taken. Aside from bringing the case to court, protections should be in place to prevent the offending person from causing more trauma and harm. Fortunately, one can seek protective orders from the court, designed to protect victims for a set period.

The Law Office of Joshua A. Lopez, LLC is a Phoenix, AZ criminal law firm with extensive experience in helping clients gain access to the right legal services for their cases. For clients seeking Phoenix protective orders, the assigned lawyer for the case can look into the details and explain which protective order is applicable. Our team will also be present throughout the case so clients can make informed legal decisions as the hearings take place.

Call The Law Office of Joshua A. Lopez, LLC at (480) 630-1143 for your Consultation with a Phoenix Protective Order legal specialist.

What is a Protective Order?

A protective order is a legal document that orders a defendant to stay away from the victims and stop them from continuing their abusive behavior.

violent crime defenseThese protective orders vary in coverage as each case has different circumstances.

Usually, victims of abuse or harassment or those who feel they are in danger of being attacked by the defendant of a particular case can request a protective order.

But, in recent years, employers may also request a protection order through an injunction on behalf of their employees and those who have done business with them.

Types of Protective Orders

In Arizona, there are five notable types of protective orders that a victim can consider if seeking to gain additional protection while their case is being heard.

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  • Order of Protection

An order of protection is a legal order that restricts or prohibits a defendant from committing further acts of domestic violence towards their victims and those listed in the order as protected individuals. Each order of protection varies in terms of the restrictions placed on the defendant, determined by the court during the hearing.

  • Emergency Order of Protection

An emergency order of protection is immediately granted by an authorized judicial officer through a written order, telephone call, or verbal statement if there is a significant threat to the victim’s safety or present danger of domestic violence.

However, the order’s validity depends on the circumstances of the case and the parties covered by the order. Usually, the validity of an emergency order of protection is up to seven days, but it can be extended by applying for an order of protection.

  • Injunction Against Harassment

If a person is harassing, annoying, or scaring others, a victim can request an injunction against harassment. An injunction differs from an order of protection to the extent that it does not order the victim’s exclusive use of a household. The police are also not required to enforce the injunction but can serve it to the defendant.

  • Injunction Against Workplace Harassment

This type of injunction focuses on workplace harassment or an act or acts of physical threat over a period that would cause the victim harm or alarm. An employer or an assigned agent can request it on behalf of their employees or people who have done business for the employer or entered their property.

The employer must be able to prove that the injunction is requested due to harassment and not aimed to restrict one’s free speech or other rights.

  • Order for Lifetime No-Contact Injunction

The final type of protective order that can be requested in Arizona is the Order for Lifetime No-Contact Injunction. As the name implies, it prohibits the defendant from contacting the defendant, and it can be issued once the defendant is convicted or sentenced for an offense.

The Law Office of Joshua A. Lopez, LLC can assess your case to determine which of the five protective orders is best suited for your case. We will then assist you in applying for the right protective order and collecting the necessary evidence to support your case.

Procedures for Filing a Protective Order

If applying for an injunction, a victim or an employer can start the proceedings by getting a protective order and filing a verified petition. A judicial officer will then schedule a hearing to hear the petition and see if there is a reason to grant the request.

New Jersey Criminal Law AttorneysFor order of protection, the judicial officer may do a relationship test to see if a relationship exists between the two parties. Considerations will then be made for the coverage of the order of protection and indicate how long it will take if granted.

For injunctions, evidence will be reviewed to determine if harassment has occurred and if there is a significant risk to the victim if the injunction is not granted. If it is an injunction against workplace harassment, the employer or authorized agent should be able to determine one act of harassment and when it occurred in their petition.

Should either party petition a court for a protective order, separate protective orders can be granted. However, if these protective orders offer conflicting relief, an additional hearing must take place once the conflict is discovered to correct the order given to either party.

Our Phoenix protective orders legal team is always ready to help you file your petition immediately and guide you through the hearing. We can also represent you in court to limit your interaction with the other party. We will do our best to get the desired result and ensure all parties recognize the protective order.

Modifying or Appealing Against Protective Orders

An order of protection or an injunction is usually valid for one year after it was served, except for the emergency order of protection. Within the year, the defendant is entitled to one hearing to discuss the protective order. They must also file a written request for a hearing in the Court that issued either the Order of Protection or Injunction. During this time, an appeal can be made to dismiss or modify the protective order if there are grounds to do so.

If the court sees that there is reason to modify the order, the modified order must be reserved by the court and will be effective for a year from the date of service of the original protective order. The defendant can review the amended petition and prepare the necessary evidence to contest it. Once they agree, the court will proceed with the amended petition.

The protective order will remain in effect if the defendant does not appear in the hearing despite getting the court notice. But, if the victim does not attend and the defendant does, the protective order will be dismissed. The protective order will remain in effect even if both parties do not appear during the hearing.

The Law Office of Joshua A. Lopez, LLC’s experienced legal team on Phoenix protective orders will look into your current circumstance to determine what legal defense can be made to seek a modification or appeal against the order. We can also help prepare you for any result that may occur once the hearing is complete and provide you with resources to help you prepare for the hearing.

Talk to Our Legal Experts Today

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Protective orders are in the law for a reason, and it is a right every victim can exercise if they feel that they and their loved ones are at further risk as the case is being heard. Such a right should not be difficult to request, given its impact on the victim’s overall well-being.

With The Law Office of Joshua A. Lopez, LLC as your steadfast legal partner, you and your loved ones can be safe from further harm and stress. As we handle your domestic violence or harassment case, we can immediately file for protective orders so your abusers won’t cause trouble as the case is being heard and fought for a longer duration. Our legal team will be with you in every step of this challenging journey and use every legal method to keep you safe.

Call The Law Office of Joshua A. Lopez, LLC at (480) 630-1143 for your Consultation with a Phoenix Protective Order legal specialist.