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.
Some of Our Real Client Reviews
Daniel Hutto and his team are fantastic. I was in a hard situation when living in Arizona and Daniel worked non stop to gain the best results possible. I appreciate the constant communication and knowing he truly had my best interests and outcome at heart. Thank You Again Daniel. I have already recommended him to anyone looking for legal defense.⭐⭐⭐⭐⭐ Michael O. (Review From Yelp)
Our family was going through and unfortunate event when we needed an assistance of a lawyer. I contacted Mr Hutto. He was very professional and easy to work with. Never had any issues of reaching him out, he would return my call in a very timely manner. I was truly impressed. I recommended him to a number of my friends and family, he was very helpful. If you needed a lawyer, he is the one. Thank you Mr Hutto for your help.⭐⭐⭐⭐⭐ Lara B. (Review From Yelp)
Daniel and Shannon are some of the best lawyers out here. I came to them with a very complex and all over the place case. I have called a few other lawyers prior to retaining Daniel and those offices pretty much turned me away. As soon as I told Daniel about my case they acted quickly to assist and made such movement that took me months to do on my own. I truly felt that Shannon and Daniel took my case to heart and their passion about it was amazing. Thank you so much for your help and guidance. If anyone is looking for aggressive but very passionate lawyers you need to stop playing and retain the office of Daniel hutto..⭐⭐⭐⭐⭐ Anthony Wilson (Review from Google)
If I could rate this law office 100 stars I would. Daniel and his staff went above and beyond what they needed to do to help me with my case. They did it with the utmost professionalism and respect. I couldn't have asked for a better law office to represent me. I would highly recommend to anyone who needed an attorney.⭐⭐⭐⭐⭐ Taylor Cochran (Review from Google)
Tried and proven! I highly recommend Daniel and his team for any international matters that you may need. Daniel is an AMAZING attorney and his professional service was simply awesome. Caring and a very knowledgeable attorney who keeps you involved during the entire process. He gave prompt replies, incredible legal knowledge, displayed a high level of professionalism, clear thorough advice and completed research to find the best winningest option for you! We won...Simply the BEST from start to finish!!⭐⭐⭐⭐⭐ Philippa A. (Review from Avvo)
In what has been the most stressful situation of my entire life, Daniel was there to assist me and get me out of this situation. I honestly don’t know what I would have done without him. He was very attentive to what I wanted, very prompt with his responses. And able to answer all my questions no matter how ridiculous they were. If you need a family lawyer, I highly recommend him. I’m so very grateful.⭐⭐⭐⭐⭐ Anonymous (Review from Avvo)
Daniel saved my record by getting both DUI charges dropped. He truly connected with me and acted as if the case was happening to him. Daniel fights hard and aggressively in court by using real facts and laws. He made me feel secure and taken care of through his communication, diligence and patience to find every little detail and angle of my case. I felt as if we were a team and in this together. He's talented beyond his knowledge of the court system and laws. He's quick on his toes. I really could not have found a better lawyer. I am forever grateful for his thorough effort and determination to find success. Thank you Daniel!!!⭐⭐⭐⭐⭐ Anonymous (Review from Avvo)