If you disagree with the the applicant's request for a protection order against you, and the court has not granted it yet, you can file an opposition. After you file the opposition, the court will review it and consider the arguments.
Full Answer
Most commonly, a child protection order is filed against a parent of the child who had previously abused the child, the child’s siblings, or the child’s other parent. The main function of a child protection order is to prevent the abusive parent from coming within a certain radius of the child.
Steps to file for an Order of Protection If you decide to go ahead with your petition for a protective order, you must file it with a court. You may file with a justice of the peace court, a city court, or a superior court. (Click here to find Arizona courts.)
Violations of child protective orders are treated very seriously and will result in strict legal consequences. Some states enforce a fine of up to $1,000, and mandatory jail time for such violations. Repeat offenses will result in even stricter penalties.
Orders of Protection A civil court order issued to prevent continuing acts of family violence. Family violence is defined as any act by one member of a family or household intended to physically harm another member, a serious threat of physical harm, or the abuse of a child. It is intended to prevent the offending person from contacting you.
Only a judge can dismiss or quash an Order of Protection. To file a motion to dismiss or quash an Order of Protection, you must go to one of the Protective Order Centers to complete a motion. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash.
one yearAn order of protection lasts for one year after it is served on the abuser. (This is true even if the order is modified (changed) during that one-year period.)
PUBLIC ACCESS: Only the information contained in the served protective order, not the petition, will be entered into the state computer system and will be made public on the internet. You can protect your home and work address by requesting on the application form that your addresses be protected.
Anyone seeking such an order must be prepared to present some physical evidence in addition to their own written statements and testimony in court. Evidence such as photographs, text messages, police reports or medical records. The court will not entertain a simple exchange of allegations.
To challenge the order, the defendant must file a request for hearing with the court. If the order prohibits the defendant from entering his or her home, the motion will be heard within five (5) days; otherwise, it will be heard within ten (10) days.
For how long is a protection order valid? Protection orders, once granted, never expire.
To obtain an Order of Protection or Injunction Against Harassment you will need: The name, date of birth and address, if known of the person from whom you are requesting protection (the defendant) and, if possible, any other address where that person can be reached.
The punishment for Violating an Order of Protection includes immediate arrest and being held in custody until a judge makes a determination regarding release conditions. If convicted, a class one (1) misdemeanor carries a punishment of up to six (6) months in jail.
one yearHow Long Does a Protection Order Last? Protection orders last for one year after they're issued unless the court chooses to extend the order or dismiss it.
Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.
A restraining order is a court order which prohibits your abuser from doing certain things such as contacting you or attending your place of work or home address. Breaching (breaking) a restraining order is a criminal offence. The court will make the order if the judge thinks it is justified.
A restraining order is a type of court order, released by a judge, to stop someone inflicting harm on another person. These are generally issued at the end of a criminal hearing and often follow cases involving domestic violence, domestic abuse, harassment, stalking or sexual assault.