The law in Arizona allows people who have been the victim of an alleged domestic violence offense to obtain an Order of Protection against the person who supposedly committed the abuse.  Orders of Protection can be issued in favor or the person who claims to be the victim of abuse as well as any other protected individuals such as children a couple may have in common.

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When May an Order of Protection be Issued?

Orders of Protection apply specifically to matters which allegedly involve domestic violence.  The State of Arizona defines Domestic Violence as certain crimes which are committed by one person against another when the parties are married, are involved in an intimate relationship, share children together, are related by blood or reside in the same household.  

Orders of Protection are issued after one person files a petition in a court and then swears to the truthfulness of the allegations contained in the application for the Order of Protection while testifying before a judge.  Once issued, the Order of Protection must be served on the party against whom it is granted so that the defendant or respondent has notice of it.  Service of the Order of Protection is usually completed by a police officer, constable or licensed process server.

An Order of Protection usually prohibits one person from contacting another in person, or by writing, email, text message, etc.  The Order of Protection will also forbid someone from visiting a victim's home, workplace, etc.  Additionally, it may contain language which prevents a person from being within a certain distance of a victim, having contact with other individuals named in the Order (such as children) or returning to their own home.  Finally, the law requires people who have been served with an Order of Protection to remove any forearms from their possession.

What Happens If You Violate an Order of Protection?

Because allegations of Domestic Violence are treated very seriously in Arizona, people who are charged with,  and convicted of an Order of Protection violation can face severe punishment.  Although Order of Protection violations are generally treated as a misdemeanor offense, a conviction could result in probation, participation in mandatory classes and a jail term.  Repeated violations of protection orders could potentially be prosecuted as a felony and cause people to be sentenced to prison.

Can an Order of Protection Violation be Defended?

If you have been charged with violating an Order of Protection, you should immediately contacted an experienced criminal defense attorney to protect your legal rights.  There are a number of defenses which might be available including improper, or lack of service, a violation of Miranda warnings or that you did not actually defy the specific specific terms of the Protection Order.  Remember, because this is a criminal charge, the prosecution must prove their case beyond a reasonable doubt. Undoubtedly, a seasoned attorney can be invaluable in helping you obtain a dismissal of the charge or achieving the best possible outcome.

Call (480) 833-8613 for Immediate Help

As a former police officer, prosecutor and experienced Domestic Violence Defense Attorney, I know the criminal justice system, how prosecutors and police officers think and how to attack a  case from all angles.  I have represented thousands of people from all walks of life who have been charged with Order of Protection violations and have expertise in achieving a dismissal of the charges, negotiating favorable agreements and conducting trials to fight these allegations.  If you have been arrested or charged with violating an Order of Protection   in Maricopa or Pinal County, call for immediate help. I regularly help people accused of Order of Protection cases in Tempe, Mesa, Gilbert, Scottsdale, Chandler, Phoenix, Apache Junction, Casa Grande and all other cities throughout the East and West Valley.

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