San Tan Valley Restraining Order Lawyer

How Orders of Protection Are Filed in San Tan Justice Court

In the State of Arizona, a person can go to any court which includes Superior, City and Justice Courts, to file an Order of Protection. Every court procedure is a bit different, but most are relatively the same. The judge has a lot of discretion in these types of cases. Most Petitions for a Protective Order are granted without much proof from the petitioning party. Most judges would rather be safe than sorry. If something were to happen to the Petitioner by the Defendant, after denying a Petition, it could cause unwanted consequences to the Judge’s career. The Petitioner only needs to convey to the Judge their version of events which contain one to three examples of harassment that have occurred within the past year. The Defendant is not consulted unless the Judge set the Petition for a hearing. Although this hearing is rare, it would allow a Defendant to explain their version of events and provide defenses. The judge would then grant or deny the Order of Protection Petition. The more-likely result from the initial petition, is that the judge signs off on the order, knowing that the Defendant can exercise their right to a hearing objecting to the Order.

Types of Orders of Protections in San Tan Justice Court

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

Orders of Protection and Injunctions Against Harassment are often thought of as the same thing. They are similar but different. While the OOP requires that both parties be involved romantically, be related by blood or live together, the IAH does not. The OOP only requires one act violence/harassment to be detailed in the Petition, whereas the IAH requires three separate acts. The hearing to quash the order will be held within 5 days if it is an OOP and 10 days if it is an IAH. Both orders usually order that the Defendant refrain from contacting the person who filed the Order, the Plaintiff. This restricted contact can include communication via telephone, fax, email and third parties. It is important to read and understand the details of the Order.

How to Fight a Restraining Order in San Tan Justice Court

When a Judge in the San Tan Court signs a Protective Order, it can be valid for one-year, from the date of signature. However, it is not valid until the Defendant is served by an officer of the law or licensed process server. The Defendant can object to the Order by motion and request a hearing at any time within that year. If the Defendant takes no action, the Order will remain but will be automatically dropped after a year. The best action a Defendant can take is to hire an attorney who will guide them through the process and make sure that they have the greatest chance for success.
The Defendant may have several reasons for wanting to request a hearing to have the restraining order quashed. Some people desire to correct the content contained within the petition. Others are worried about an Order showing up on background checks for potential jobs or travel and it negatively impacting their life.

How to Prepare for Your San Tan Justice Court Hearing

Professional legal services from our restraining order attorneys can alleviate your stress and will prepare you for the hearing. An attorney at Dove Law Firm is ready to begin your case today and prepare you and your witnesses for the hearing, giving you the best chance of quashing the order. We will begin by doing the following for a San Tan Justice Court Restraining Order hearing:

• Determine What Type of Order has Been Granted
• Explain What the Restrictions Are and Clarify any Ambiguities
• Collect Evidence That Would Devalue the Petitioner’s Credibility
• Interview Witnesses
• Focus on Facts and Evidence that can be Presented to the Court
• Prepare Client for Cross Examination

The Hearing to Challenge a Protection Order in San Tan Justice Court

Once the court sets the hearing date, both parties are to appear and be prepared for a mini trial that usually takes between one to two hours. In that time a Judge has full discretion on how the hearing will proceed. Normally, the Plaintiff begins the hearing. The burden is on them to show that Defendant has conducted acts of harassment toward Plaintiff with evidence and/or testimony. The Judge needs to be presented specific acts of harassment/from a Petitioner in order to uphold it. The Judge will weigh the credibility of the testimony provided by Plaintiff and their witnesses. At most hearings 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.
When the hearing is over, the judge will make one of three choices:

• Order that the Protection order “stay” in place as is;
• Modify the order of protection that is currently in place
• Quash the Order.