City of Chandler’s Restraining Order Lawyer

How Orders of Protection Are Filed In Chandler City Court

Chandler Municipal Court’s protection order process is fairly simple.  A copy of the petition can be found online or at the court.  Once filled out correctly, the petition is presented it to a judge.  Most petitions are granted without the judge hearing the other person’s testimony.  The person who is asking for the order, the Plaintiff, will only be required to state what acts or communications of harassment that they say the Defendant has done.  These statements are contained within the petition and are based on the Plaintiff’s version of events. The judge then determines whether the Plaintiff’s testimony is enough for the order to be signed.  Usually, it is.  Another option is that the judge can order that a hearing be set to allow a Defendant to attend and give a proper defense.  However, this is rare.  The judge will then determine whether an order of protection should be granted or denied.  You can find more instructions on how to obtain an order here

Types of Orders of Protections In Chandler Municipal Court

• Order of Protection (OOP)
• Injunction Against Harassment (IAH)
• Emergency Order of Protection
• Injunction Against Harassment in the Workplace

An Order of Protection and Injunction against Harassment can be mistaken for one another.  The orders are alike but require different facts in order for the court to issue them.  Both types of orders usually command that the alleged abusive person refrain from communicating with the person who filed the order.  The order can also give the Defendant a specific distance to stay away from the Plaintiff.  Not adhering to the Order can result in an arrest or sanctions by the court.

How to Fight a Restraining Order in the City of Chandler Court

Once an order is served on an individual, it is valid for one-year from the date that it was issued by the Court. The person who is served an order can object to it anytime within that year.  This objection must be started by a motion to the court, which requests that hearing be held.  Once the court receives the motion, a representative will reach out to both parties to set the hearing date that works for both.   This hearing will determine whether the order will be quashed, modified or upheld.  It is required by statute to be held within 10 business days of request or within 5 days if the Plaintiff and Defendant live in the same household.

There are many reasons that a person wishes to fight a Chandler restrainer order.  Some Restraining Order Petitions filed by a Plaintiff contain misleading information or untrue statements.  An order that has been served on someone can potentially appear on background checks and effect potential job promotions or travel plans.  At times, it is actually the Petitioner/Plaintiff who is harassing the Defendant and the Defendant can prove this to the court.  We can assist you in preparing for your hearing when fighting a Chandler Protection Order.

Hire a Chandler Injunction Lawyer for a Chandler Municipal Harassment Hearing

A restraining order hearing is more like a mini trial and are usually stressful for all parties involved.  We highly recommended that you hire Dove Law Firm to represent you in the matter so that we can properly prepare you for the trial with our experience and knowledge.  Whether you are fighting the order or need it upheld, we can help you with the following:

• Determine What Type Of Order It Is
• Collect Evidence To The Contrary The Petition
• Speak to Witnesses
• Prepare Testimony to Avoid Name Calling and Non-relevant History; Focus On Present Facts
• Understand and Obey The Court Order

Hearing to Challenge a Protection Order In Chandler Municipal Court

The hearing’s structure to determine whether an order is quashed or upheld is completely up to the Judge.  Normally, the Plaintiff is given 30 minutes to presents their case.  The burden is on the Plaintiff to show harassment by Defendant with evidence or testimony.  The judge will weigh the credibility of the testimony provided by Plaintiff and their witnesses.  The Judge will most likely give the Defendant 30 minutes to present their evidence and witnesses.  After a party or their witness gives testimony, the other side can cross-examine that testimony by asking questions.  A closing argument can be presented by both sides before the judge makes their final decision.

When the hearing is over, the judge ultimately has three choices:

• Order that the Protection order “stay” or in other words, remains the same.
• Modify the current Order of Protection by changing it to appease one side.
• Deny and Quash the Order, getting rid of it.