City of Mesa’s Restraining Order Lawyer
Shawn H. Dove of Dove Law Firm, PLLC
Shawn H. Dove is native to Mesa, Arizona and a restraining order attorney who will help fight any type of protective orders and restraining orders with affordable first-rate representation. Contact Mesa’s Protection Order attorney for a free consultation to discuss your case.
Mesa’s Restraining Order Attorney
FIGHTING ORDERS OF PROTECTION IN THE MESA COURT SYSTEM
When a person seeks a protective order in a court, the judge needs to sign off on it for it to be an official active court order. Protective orders are signed and ordered everyday in the City of Mesa Courthouse. In reality, it is very easy to receive a protective order.
This causes many individuals who are served protective orders to be angry and confused. It can be their first dealing with any court. They want to challenge the order and convey to the Judge the true version of events, since the order is based on one-sided testimony. At times, it is the Plaintiff (the person who filed the petition) who is actuating the harassment, not the person to whom the order is served. They are abusing the court system by filing a wrongful Order of Protection and should be held accountable.
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AFFORDABLE RESTRAINING ORDER LAWYER FOR MESA MUNICIPAL COURT
Mesa’s restraining order lawyers at Dove Law Firm, PLLC. provide the most effective protective order defense in the City of Mesa. Mesa defense attorneys are very familiar with Mesa Court’s rules and procedures regarding all types of orders of protection. Our Arizona Restraining Order Attorneys are five star rated on Avvo, Google, and Yelp, and can provide affordable representation for a variety of matters.
How Orders of Protection Are Filed In Mesa Municipal Court
In Mesa Municipal Court the process is straightforward to obtain a Protection Order. However, judges can decide differently on granting or enforcing an Order of Protection or Injunction against harassment. Overall, the majority of petitions are granted without the judge hearing the other side. The person who is asking for the order, the Plaintiff, will only be required to state what acts or communications of harassment they say have been done to them. The statements contained within the petition is solely based on their version of the facts. The judge determines whether the petitioner’s evidence harassment constitute enough for the order to be signed, which most of the time is what happens. At times the judge may order that another hearing be held to allow a defendant to defend themselves. The judge will then determine whether an order of protection should be granted or denied.
Types of Orders of Protections In Mesa 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 are mistaken for one another. The orders are alike but require different facts in order for the court to issue them. Both types of orders can demand that the alleged abusive person refrain from communicating with the person who filed the order.
How to Fight a Restraining Order in the City of Mesa Court
An order 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. They need to do so by motion, which will include a request for a hearing on the matter. The hearing to determine whether the order will be quashed, modified or upheld needs to be held within 10 business days. However, if the Plaintiff and Defendant live in the same household, the maximum number of business days is 5.
There are many reasons to demand a hearing and ask the court to hear your side of the story. Some of the petitions filed contain misleading information or outright lies. An order that has been served on someone can potentially harm them by showing up on background checks for potential jobs or travel. There are also cases where the Petitioner/Plaintiff is actually the one who is harassing the other individual and the order is just another way of furthering the harassment. Mesa criminal defense lawyers can assist you in preparing for your hearing when battling a restraining order in the City of Mesa court.
Hire a Mesa Injunction Lawyer for a Mesa Municipal Harassment Hearing
These types of hearing are emotional and can be very stressful. It is recommended that you hire the restraining order legal team at Dove Law Firm PLLC because they are equipped with experience and knowledge of these proceedings. Whether you are fighting the order or need it upheld, call us and we can help you with the following:
- 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 Mesa Municipal Court
The hearing to determine whether an order is cancelled or upheld usually takes between one and three hours. The Judge has full discretion on how the hearing will proceed, so it can be a bit different in each courtroom. Most of the time, the Plaintiff presents their case first, because it is their burden to show harassment with evidence or testimony. The judge will look for specific items and weigh the credibility of the testimony provided by the Plaintiff and their 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 without hearing the other side. However, most of the time, the Judge will allow the Defendant to present their evidence and witnesses. Both Plaintiff and Defendant can cross-examine each other witnesses after direct. A closing argument is presented by both sides to finalize the hearing.
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 Mesa Restraining Order Attorneys
Being served any type of protective order can be overwhelming for an individual. You most likely will need help fighting it from a Mesa Municipal restraining order attorney with experience. Our Mesa defense lawyers will give you answers to your questions and will make you feel comfortable knowing you are being represented by attorneys who know how to handle your case. Our lawyers are five star rated on Yelp Google, and Avvo, making us the most trusted restraining order law firm in the Mesa area. Contact us today for a free, no obligation consultation or if you need help from a motorcycle accident attorney in Mesa.
Get Restraining Order Legal Help In Mesa Courts Now
Contact Dove Law Firm Today for a Free Consultation
Contact Mesa’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 A Mesa Protection Order Attorney
TO UPHOLD OR CHALLENGE THE ORDER OF PROTECTION
When you hire an attorney with experience in restraining orders the lawyer will be familiar with the different courtrooms in the Mesa Courts and know the judges and commissioners and how they typically rule. Dove Law Firm’s Order of Protection attorneys can guide you through the process in Mesa. Our lawyers cannot take the facts of your case and give you the strengths and weaknesses of that case. Our attorneys will give you sound advice as whether to move forward with action or not.
Your order of protection attorney can assist you with filing the order, so that it will include the elements of the Arizona statutes. A Dove Law Firm attorney will give strategic advice as to the time of filing or defending the protection order. If you are fighting an order, we will file a notice of appearance and request that the hearing be held within five to ten days. We will then provide a strong defense to quash the outstanding order.
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