Is there anything I can due to squash this false accusation of their fear toward me?

Question:  I reside in the State of Az, where I am a peace officer. If my vindictive daughter has me served with a restraining order Brady.

I was told that if get served with an order of protection that I can not posses my on duty firearm and if so I will. Lose my position as a police officer. My daughter and her husband are being very vindictive towards me for calling CPS on them for their drug use and the physical and emotional abuse my grand child was being put through. Is there anything I can due to squash this false accusation of their fear toward me?

Answer:

Since you are an armed police officer and father figure, there probably is nothing you can do to “quash their fear.”

That being said, Fear alone is not grounds to obtain a restraining order. The judge must find that domestic violence either has occurred or is likely to occur.

This sounds like a situation that the judge would likely see the “red flags” if they did try to obtain a restraining order and likely question them at great length. The judge also has the option of setting a hearing to determine rather or not to issue the Order, prior to doing so. You being a law officer, it would likely take very serious allegations for the judge to issue the order based solely on her/their word.

Also, there is a check-box on most restraining orders that says something to the effect of “Brady Applies.” The Brady Act does not apply to all restraining orders.

Grandparents have visitation rights in AZ as well, assuming that they are here. You may or may not want to seek a consultation with an experienced family law firm regarding grandparent’s visitation rights. As well, in the event that they are successful in obtaining a restraining order, DO NOT rush to the court and request a hearing, but consult an attorney with experience in dealing with restraining orders FIRST.

Good luck!

Patrick Sampair
The Sampair Group, PLLC

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