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.
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.
within one yearEffect and Validity of Order: The Order of Protection must be served within one year of its issuance. Once served, an Order of Protection is valid for one year from the date the Order is served.
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.
For how long is a protection order valid? Protection orders, once granted, never expire.
A party may appeal an Order of Protection, Injunction Against Harassment, or Injunction Against Workplace Harassment that is entered, affirmed, modified or quashed after a hearing at which both parties had an opportunity to appear. A superior court order must be appealed to the Arizona Court of Appeals.
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.
Does a restraining order affect your record? Unless a restraining order is breached, it will not appear on your criminal record. However, it will be recorded both by the police and in court records, if you fall foul of the law in the future, a past restraining order can be used as evidence against you in court.
The purpose of a Protective Order is to restrain a person from committing an act of harassment or domestic violence against another person or persons. Requested petitions are typically seen by a judge and ruled on the same day. Any court in the state of Arizona can review a petition and issue a Protective Order.
6 monthsIf convicted a violation of an order of protection in the state of Arizona, you could spend as much as 6 months in jail and pay fines and fees to the court up to a maximum of $2,500, along with a surcharge of 84%.
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.
The Arizona order of protection rules note that either party is capable of violating a restraining order. Even if the petitioner wants to invite the defendant to a special occasion, like a child's birthday, doing so could bring legal action upon the petitioner.
Our attorneys are easy to reach by telephone twenty four hours a day, seven days a week, at (520) 448-4940. When you call the Tucson Divorce Attorneys at AZ Family Law Team, 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.
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 AZ Family Law Team, PLLC can give you the support and advocacy that you need in a contested hearing situation.
Our state offers two types of protective orders to residents. There are two types of Protective Orders in Arizona: Injunctions Against Harassment, and Orders of Protection.
An Order of Protection prohibits a specific person from having contact with you or coming within a certain distance of your home, work location, school or other locations. These documents also cover a spectrum of acts, including:
If you face an Order of Protection or need to obtain one, you probably feel overwhelmed. Contact West, Longenbaugh and Zickerman P.L.L.C. today to speak to a caring attorney in a consultation. Call our Tucson office at 520-518-3781, or use our online contact form.
At West, Longenbaugh, Spanier and Zickerman P.L.L.C, we are proud to serve people in Tucson and beyond. To speak with an attorney, call us at 520-790-7337
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