Defending Against Wrongful Restraining Order of Protection Violations
According to Arizona Revised Statute 13-3602, a person may file a petition for an order of protection / restraining order with a judge, magistrate, justice of the peace, or a superior court judge for the precise purpose of restraining someone. But the reason for the need for restraint is specifically to stop that person from committing an act of domestic violence or other act of violence that would result in bodily harm of the person who has petitioned for the order of protection.
In some cases, a restraining order and order of protection can be petitioned and filed even when the person named on the petition and order of protection has never given any reason for the court to believe s/he would — or ever has — harmed anyone. If you do not have a history of domestic violence, assault, or battery, there is likely no cause to reasonably suggest that an order of protection is required, or that it is even justifiable.
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Misuse of Arizona Order of Protection Laws: How You Can Fight It
It is possible for an alleged victim to misuse an order of protection to manipulate the system — and when this happens you need the assistance of an experienced Arizona criminal defense attorney who knows what steps to take to get the order of protection removed and how to reinstate your right to be wherever you need to be whenever you need to be there.
False Accusations that Result in an Order of Protection and What Can Be Done About Them
It is certainly true that most orders of protection are petitioned for and issued for reasonable cause — without the accused or defendant even being present. That is why you must request a hearing to challenged the accusations under ARS 13-3602.
But, what is also unfortunately true is that a spouse who has endured the pain of infidelity or a roommate who may not want to deal with the confrontation involved with ending their living arrangement, for example, may be looking for ways to no longer have to see his or her spouse or future ex-roommate. Rather than face the potential conflict associated with tough conversations, some people instead opt to petition for a protection order. The issue here is that having differences with someone that never resulted in physical harm — or even the threat of harm — does not amount to conduct at the level where a protection order is in any way justified.
If either of those scenarios sound similar to what you’ve experienced, and you’re trying to figure out what to do about an order of protection levied against you, let the Law Office of Daniel Hutto help. We’ve dealt with numerous wrongfully obtained orders of protection, so we know exactly what a judge needs to hear and see in order to come to the correct conclusion that there is no real threat, and that you deserve to have all of your rights reinstated.
Phoenix Criminal Defense Attorneys At Your Side
If you or a loved one has been arrested or otherwise charged with violating a Restraining Order of Protection, it’s important that you know your rights and understand what you may be up against. Likewise, it is critical that you begin preparing for your defense now and we can help.
Are you ready to end your wrongful order of protection in Arizona? Give us a call today for your completely free legal consultation — we look forward to hearing from you and helping you obtain the just outcome you deserve. Call 602.536.7878 to get started today. We are available to help at any time.
