City of Mesa’s Restraining Order Lawyer

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

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:

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: