Order of Protection Violations

Q: What is an Order of Protection?

An order of protection in Arizona is a type of court order that works as a legal restraint to prevent acts of domestic violence or harassment. As such, a protective order is typically filed against family members or someone with whom the petitioner has had an intimate relationship.

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Phoenix, AZ Criminal Defense Attorneys for Order of Protection Violations

Protection orders, also known as restraining orders, are designed to offer individuals legal protection from acts of domestic violence and/or harassment. If there is a restraining order filed against you, you must adhere to several specific rules as outlined in the order itself. Violating these rules can lead to serious repercussions, including criminal charges, and may require the help of an experienced order of protection attorney.

At Belén Law Firm, we understand the very serious nature of protective order violations and the potential penalties that loom for those accused. As seasoned Phoenix criminal defense attorneys, we excel in providing strategic defense and aggressive representation for clients accused of violating an Arizona order of protection.

If you’re facing allegations of violating a protection order in Maricopa County or the surrounding communities, trust our dedicated legal team at Belén Law Firm to provide the strong advocacy you need to protect your rights and defend your freedom. Give us a call at (602) 715-0908 or contact us online for a free case evaluation today.

What is an Order of Protection?

An order of protection in Arizona is a type of court order that works as a legal restraint to prevent acts of domestic violence or harassment. As such, a protective order is typically filed against family members or someone with whom the petitioner has had an intimate relationship.

Orders of protection are specifically aimed at protecting individuals who may be in immediate danger of becoming victims of domestic violence by prohibiting the alleged abuser from making contact with the protected person. The order can include a number of provisions, including no contact directives, distance requirements from the protected individual’s home or workplace, and restrictions on owning or possessing firearms.

ARS 13-3602

The laws regarding orders of protection in Arizona can be found under ARS § 13-3602. The statute states that the person requesting a protective order can file a verified petition with a magistrate, justice of the peace, or superior court judge. If the petitioner is a minor, their parent, legal guardian, or person with legal custody must file the petition, unless the court decides otherwise. It also states that if the petitioner is unable to request the order themselves, a third party may do so on their behalf.

ARS 13-3602 also covers:

Grounds for issuance
Contents of the petition
Protections offered
Mutual orders of protection
How the order must be served
Time constraints
Jurisdictional considerations
Enforcement of the order
And more

Types of Protective Orders in Arizona

In Arizona, there are four main types of protective orders that a petitioner (aka the victim) may obtain. This includes:

Domestic Violence Order of Protection: Issued to protect individuals from domestic abuse, harassment, or stalking by someone with whom they have a specific relationship, such as a spouse, family member, or intimate partner.
Injunction Against Harassment: Granted to protect individuals from harassment or threats by someone with whom they do not have a domestic relationship, such as a neighbor, coworker, or acquaintance.
Emergency Order of Protection: An expedited order issued by law enforcement or judicial officers outside of regular court hours to provide immediate protection to individuals in imminent danger of domestic violence.
Injunction Against Workplace Harassment: Issued to protect employees from harassment or threats by coworkers or supervisors in the workplace.

Violation of Order of Protection

Violating a protective order entails any action that breaches the terms outlined in the court-issued order. This can include a range of behaviors such as committing acts of domestic violence or harassment against the protected individual, contacting them directly or indirectly, or approaching them within prohibited distances. Acts such as physical assault, threats, stalking, or intimidation directed toward the protected person are also clear violations.

Contacting the protected individual through third parties or attempting to monitor or watch them could also be considered a breach of the order. Even seemingly innocuous actions, like sending messages through social media or showing up at places where the person is known to frequent can constitute violations.

Essentially, any action that disregards the restrictions set forth in the protective order is taken very seriously by the courts and law enforcement in Arizona, potentially leading to criminal charges and further legal consequences for the violator.

Is Violating a Restraining Order a Felony?

In Arizona, the violation of a protective order is typically charged as a misdemeanor. However, that is not to say you can’t face felony charges for violations of restraining orders. For instance, if the violation involves actions such as aggravated harassment, assault, or threats against the protected individual, the criminal charge may be escalated to a felony.

How Much Jail Time for Violating an Order of Protection?

Generally, violations of protective orders in Arizona are considered a Class 1 misdemeanor. For a first-offense Class 1 misdemeanor, defendants face a maximum of 6 months in jail and a maximum fine of $2,500, plus surcharges. In some cases, the presiding judge may choose to impose probation (up to 3 years) rather than jail time.

As mentioned above, if the violation involves aggravating factors or a history of repeated violations, it could escalate to a felony offense, carrying much more severe penalties. An experienced Phoenix domestic violence lawyer can help you understand the potential penalties you face given the unique aspects of your case.

Additional Penalties for Arizona Order of Protection Violation

In addition to jail time and fines, individuals convicted of violating a protective order in Arizona may face a range of other penalties, including:

Mandatory Counseling or Treatment: The court might order the defendant to undergo counseling or attend programs aimed at addressing the underlying issues that led to the violation, such as anger management or substance abuse treatment.
Loss of Firearms Rights: A conviction for violating a protective order can result in the loss of the individual’s right to possess or purchase firearms.
Restraining Order Modification: The court may modify or extend the existing protective order with stricter terms.
Civil Penalties: In addition to criminal penalties, the individual may face civil consequences, such as being held liable for any damages resulting from the violation (i.e. medical expenses or property damage).
Impact on Custody and Visitation Rights: A conviction for violating a protective order can significantly impact child custody and visitation rights, potentially resulting in restricted or supervised visitation with children.

In addition to legal penalties, violating a protective order can also lead to serious personal repercussions. For example, a conviction may result in difficulties with employment due to background checks, financial burden from legal fees, and housing instability, impacting an individual’s overall well-being and personal freedoms. This is why it is so important that those facing restraining order violations in Arizona equip themselves with the help of an experienced criminal defense attorney ASAP.

Can the Victim Get in Trouble for Violating a Restraining Order?

Yes, the alleged victim can potentially face consequences for violating a restraining order, particularly if they engage in behavior that breaches the terms of the order, such as initiating contact with the defendant or attempting to interfere with its enforcement.

It’s important to note that even if the petitioner initiates the action (say, for example, they text the defendant named in the order) and the defendant responds, that still counts as a protective order violation and the defendant may face charges as a result.

How To Beat a Violation of Order of Protection

Violating an order of protection, even if done inadvertently, can have serious consequences. If you’re facing these charges, working with an experienced attorney can make all the difference. Your attorney can help navigate the legal process, ensure your rights are protected, and present a compelling case to the court to secure the best possible outcome, whether that means having your charges dropped, dismissed, or reduced.

The Importance of Working With Experienced Order of Protection Attorneys

Being accused of violating a restraining order can be frustrating and emotionally challenging, to say the least. This, along with the potential repercussions of a conviction, highlights the importance of working with an experienced order of protection lawyer in Phoenix, Arizona. These legal professionals have the experience, resources, and knowledge it takes to effectively advocate for your best interests in such delicate matters.

Experienced order of protection attorneys can provide invaluable guidance throughout the process, from helping you understand your legal rights and options to developing strategic defense strategies tailored to your specific circumstances. These attorneys can also offer invaluable support and reassurance during what can be a highly stressful and emotionally taxing time.

If you’ve had a restraining order issued against you and you’ve been accused of violating the terms of that order, partnering with a skilled criminal defense attorney can significantly improve your chances of achieving a favorable outcome.

Why Trust the Criminal Defense Lawyers at Belén Law Firm?

At Belén Law Firm, our team of Arizona lawyers understands the ins and outs of protective order laws and the potential penalties individuals may face if convicted of a violation. With a compassionate and client-centered approach, we work tirelessly to defend the rights of those accused while providing personalized attention and strategic legal defense that ensures each client receives the advocacy and support they deserve.

By entrusting your case to an experienced order of protection lawyer at Belén Law Firm, you can rest assured knowing that you have someone in your corner fighting relentlessly to achieve the best possible outcome on your behalf.

Call the Phoenix Order of Protection Violation Attorneys at Belén Law Firm Today for a FREE Consultation

If you’re facing allegations of order of protection violations in Maricopa County, AZ or the nearby areas, know that you’re not alone. The legal journey can be intimidating, but with the right support, you can navigate it with confidence.

The Phoenix order of protection lawyers at Belén Law Firm understand the complexities of these cases and are committed to defending your rights and reputation. Reach out today by calling (602) 715-0908 or request a free consultation by completing our online intake form.

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