Arizona Restraining Order Lawyer
Shawn H. Dove of Dove Law Firm, PLLC
Shawn H. Dove is a local Arizona restraining order lawyer who can help fight protective orders and restraining orders in Arizona with affordable, top-rated representation. Contact Dove Law Firm, PLLC for a free, no-obligation consultation to find out how we can help you.
Top Rated Arizona Restraining Order Attorney
FIGHTING ORDERS OF PROTECTION IN ARIZONA
Because Protective orders are easily signed and ordered, many people who receive them are confused and angry. It is often their first dealing with the court system. They want to fight them and let the Judge know the whole story or the true version of events. Sometimes, it is discovered through evidence that actually it is the Plaintiff who is doing the harassment and is abusing the court system by filing a bogus Order of Protection in an attempt to silence someone.
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Affordable Restraining Order Lawyer In Arizona
The Arizona restraining order lawyers at Dove Law Firm, PLLC. are committed to providing the best restraining order defense in the Valley. Our trusted Mesa defense attorneys are familiar with the procedures that go into fighting a restraining order or order of protection. Our Arizona commercial litigation lawyers are five star rated on Avvo, Google, and Yelp, and can provide affordable representation for a variety of matters. Seek help from our Chandler DUI lawyers, or counsel from our Arizona dog bite attorneys to find out how our team can help you.
How Orders of Protection Are Filed In Arizona
In Arizona, a person is free to go to any court and file an Order of Protection. Every courthouse is similar in procedure, but the judges can decide differently on granting or enforcing an Order of Protection or Injunction against harassment. Most petitions are granted due to the fear of the consequences of something happening to the Plaintiff after a petition for an Order of Protection has been filed and denied. The Petitioner or Plaintiff only needs to explain to the judge, or in some cases the commissioner, the alleged acts or communications of harassment. The statements contained within the petition is solely based on their side of the story. The judge takes into consideration the petitioner’s version of events and only what they choose to submit to the judge as evidence of abuse and/or harassment. Sometimes the judge will order that a hearing be held to allow a defendant to show and explain their side of the story to then determine whether an order of protection should be granted. However, the most-likely outcome is that the judge signs off on the order.
Types of Orders of Protections In Arizona
- Order of Protection (OOP)
- Injunction Against Harassment (IAH)
- Emergency Order of Protection
- Injunction Against Harassment in the Workplace
Often, the Order of Protection and Injunction against Harassment are confused for each other. These two orders are similar but require different facts for the court to issue them. Both orders can command the alleged abusive person, the Defendant, to refrain from contacting the person who filed the Order, the Plaintiff.
How to Fight a Restraining Order in Arizona
An order, once granted, is valid for one-year from the date it was issued. The Defendant can object to the order by motion and request a hearing at any time within that year. In certain situations, such as the Defendant and Plaintiff living in the same household, the hearing must be set within 5 days of the request. In the rest of the cases, the hearing needs to be held within business 10 days.
There are many reasons to defy the order and demand a hearing. For some, the information within the order is misleading and they would like to defend themselves. For others the information is completed fabricated and they desire to give the judge the facts of what occurred. An order that is in-place on an individual can harm them by showing up on background checks for potential jobs or travel.
How to Get Prepared for the Hearing
Handling any kind of legal proceedings can be stressful, no matter what it is, but with the help from our Mesa criminal defense lawyers we can assist you in preparing for your hearing when battling a restraining order in Arizona. As this can be a high stress and emotional situation, the restraining order legal team at Dove Law Firm PLLC is equipped to help ease the burden from your shoulders with thorough preparation for your hearing, whether you are fighting a restraining order or are utilizing our Arizona DUI lawyers.
- Determine What Type Of Order It Is
- Collect Evidence To The Contrary The Petition
- Gather Evidence & Witnesses To Minimize Their Petition
- Avoid Name Calling And Especially Non-relevant History; Focus On Present Facts
- Obey The Court Order; Do Not Contact Or Attempt To Contact The Order
Hearing to Challenge a Protection Order In Arizona
The hearing that takes place usually takes between one and two hours. In that time a Judge has full discretion on how the hearing will proceed. Normally, the Plaintiff goes first. The burden is on them to show harassment with evidence and/or testimony. Depending on the type of order, the judge is looking for specific facts and weighing the credibility of the testimony provided by the Plaintiff and witnesses. If the Judge finds that there is enough evidence that the Defendant was harassing the Plaintiff, then the judge may choose to maintain the order “as is” without hearing the other side. Usually, the Judge will allow the Defendant to defend themselves and present their evidence. The Defendant can cross-examine the Plaintiff and their witnesses during the Plaintiffs turn and can show evidence and call their own witnesses during their turn.
When the hearing is over, the judge ultimately has three choices:
- Order that the Protection order “stay” in place as is;
- Modify the current order of protection
- Deny and Quash the Order.
Real Results From Real Clients
Best Order Of Protection Lawyer In Arizona
Dove Law Firm provides a variety of legal services and representation for a number of needs. Consult with our motorcycle accident lawyers in Arizona or one of our top rated Arizona personal injury attorneys when you have been injured due to someone’s negligence. Our Arizona car accident law firm is equipped to handle everything from criminal and DUI defense, to fighting restraining orders in Arizona. With five star reviews on Google, Yelp, and Avvo, you can trust our Mesa DUI defense attorneys to help give you the results you deserve. Contact us today at 480-213-4489 to find out more.
Shawn is an amazing lawyer. He has such a wide range in which he can help a client. He is very personable, friendly, and knowledgeable. Shawn makes you feel like a friend more than a client. I would highly recommend Shawn for anything legal you might need representation for. You will thank me!
★★★★★ Brandon, Mesa
I used Shawn for my personal injury case after I was rear ended by a drunk driver. He fought hard on my behalf and obtained the highest possible settlement I could have received!
★★★★★ Sarah, Gilbert
I recently went through a divorce and Shawn was very helpful through this complicated and stressful period in my life. He was very knowledgeable and was always willing to listen and answer my questions in a very timely and professional manner. I really felt like he was on my side and wanted the best for my situation. I highly recommend Shawn Dove to anyone seeking quality legal help, Shawn was great to work with.
★★★★★ Byron, Mesa
Local Restraining Order Attorneys In Arizona
Being given a restraining order or protective order can be confusing and stressful, and you may need help fighting it from qualified restraining order attorneys in AZ. With help from our qualified Arizona defense lawyers, we can help you get the answers you seek and give you possible solutions for the restraining order filed against you. Our criminal defense lawyers are five star rated on Google, Yelp, and Avvo, making us the most trusted restraining order law firm in Arizona and Mesa motorcycle accident attorneys. Contact us today for a free, no obligation consultation.
Get Restraining Order Legal Help In Arizona Now
Contact Dove Law Firm Today for a Free Consultation
Contact Arizona’s Restraining Order Lawyer today for a free, non-obligatory consultation. Call 1 (877) DOVELAW or 1 (877) 368-3529. Our experienced Mesa Arizona Restraining Order Lawyer are here to help you/p>
Arizona Statutes Regarding Orders of Protection and Injunctions Against Harassment
A. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection.
B. An order of protection shall not be granted:
1. Unless the party who requests the order files a written verified petition for an order.
2. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court.
3. Against more than one defendant.
How to get one: Instructions and Helpful Links
Why Hire An Arizona Protection Order Attorney
TO UPHOLD OR CHALLENGE THE ORDER OF PROTECTION
One of the main advantages of hiring an attorney with experience is that they should be familiar with the different courtrooms throughout the State and know the pros and cons of those particular judges and commissioners. Dove Law Firm’s Order of Protection attorneys can guide you through the process. Also, our attorneys can listen to the facts of your situation and let you know the strengths and weaknesses of your case.
Your order of protection attorney can assist you with filing the order, so that it will adhere more closely to the statutes in Arizona. A Dove Law Firm attorney will analyze your case and give a strategy for the time of filing and defending the Order of Protection successfully. We will file a notice of appearance and request a hearing within five to ten days. The attorney will listen to you and take appropriate action to protect your rights while being a zealous advocate.
Get in touch and we’ll get back to you as soon as we can. We look forward to hearing from you!
2650 E Southern Ave Suite 201
Mesa, AZ 85204