Sampair Group

Glendale

(623) 294-2498

Scottsdale

(602) 975-3361

Chandler

(602) 755-2296
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Phoenix Order of Protection Attorneys Helping Clients Feel Safe

Clients of The Sampair Group may need to file for an Order of Protection during the divorce process or for any other situation where an individual feels the need for protection from another person.

In Arizona, an Order of Protection, also known as a “restraining order,” refers to the order issued by a judge prohibiting an individual from having contact with the victim of the abuse and his or her children or other family members. Specifically, an Order of Protection is designed to protect someone who has a legitimate fear for their safety and has met the legal requirements to support their request. Typically, an Order of Protection may be issued if an act of domestic violence has occurred or an Order of Protection is necessary to protect against such actions in the future. Once an order has been filed and approved by the judge, it is valid for one year after it is served.

What is an Order of Protection?

An Order of Protection can be quickly obtained by the court whenever a person feels threatened by another and goes into effect immediately. Also called a “restraining order,” this legal action is intended to offer protection for a spouse, children, or other family members from abusers.

Once an Order of Protection, or restraining order, is in place, it is difficult to overturn if it has been properly prepared by an experienced Order of Protection attorney. There will be a hearing following the issuance of the Order of Protection to allow the defendant to be heard. The court will usually leave an order in effect unless the defendant can make a compelling case against the order. The Sampair Group will be able to present the Order of Protection in an optimal way to ensure that the Order or Protection will be less likely to be overturned. Our attorneys can also help you determine if your needs pass the “two-fold test” as follows:

Two-Fold Test in an Order of Protection

In order to file for an Order of Protection, the legal basis for whether you will or will not be granted approval from a judge is based on a two-fold test. Before an Order of Protection may be approved, the judge will assess your relationship with the defendant and whether a domestic violence crime has been committed. Domestic violence has a very broad meaning in Arizona, and the Court will usually err on the side of caution. For an Order of Protection to be established, the Judge will need to establish that you have a relationship with the Defendant and that a threat or the possibility of a threat exists. If both do not apply, then you will have to file an Injunction Against Harassment. The categories in question are described below.

What Relationships are Included in an Order of Protection?

In the state of Arizona, an order of protection is intended to be used between two individuals within the same household or with some type of close relationship. Many people misinterpret this to mean that an order of protection is for blood relatives or spouses only; however, this is not the case. All of the following can possibly be served with an order of protection:

  • Your current or former spouse
  • Someone with whom you live or with whom you have lived,
  • A party who is pregnant by the other party or the parties have a child in common,
  • A person you are related to by blood or court order as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law,
  • A person with whom the child victim resides or has resided in the same household and who is related by blood to a former spouse of the defendant or to a person who resides or has resided in the same household as the defendant.

To determine if an order of protection is needed in your case, don’t hesitate to contact our law firm by calling 623-777-3909 to discuss the details with our talented legal team.

What is Included in Domestic Violence?

The following are some of the events that will cause for a domestic violence case:

  • Assault
  • Aggravated assault
  • Child or vulnerable adult abuse
  • Criminal damage
  • Criminal trespass, 1st, 2nd, or 3rd degree
  • Crimes against children
  • Custodial interference
  • Disorderly conduct
  • Endangerment
  • kidnapping
  • Threatening or intimidating
  • Unlawful imprisonment

If you or your family member find yourself in any of these circumstances, reach out to our law firm for a consultation with our experienced attorneys who know how to handle family violence cases with care and diligence to get you the results you need when seeking protection.

Can Our Attorneys Help You in Fighting Your Order of Protection?

Sometimes an Order of Protection simply is not valid. There are many instances of Orders of Protection being filed by a party simply to gain exclusive use of the home or to harass a spouse during a divorce proceeding. An Order of Protection, or restraining order, can be difficult to overturn. For situations where the Order of Protection is not valid, you must have an attorney on your side who has the experience to bring a compelling case before the court to overturn the Order of Protection.

An Order of Protection includes both family law and criminal law. In many ways, defending against an Order of Protection is more like defending against a criminal case rather than a family law matter. Because the court will generally keep Orders of Protection in place unless the defendant presents an overwhelming amount of evidence, it is imperative that you use an experienced attorney to discredit the allegations made by the petitioner. The Sampair Group has experience in protecting your rights against an Order of Protection that is ordered using incorrect or invalid facts. The Sampair Group attorneys will be able to present a compelling case at the hearing to overturn the Order of Protection.

Your safety is our top priority, and we won’t rest until you obtain the protection you need. Finding yourself as a victim and needing to file an order of protection against a loved one can be a terrifying experience that you don’t need to go through alone. You should absolutely have someone on your side who can work through the legal aspects of your case and find the right solution for you to maintain your safety and peace of mind. Our compassionate and skillful family law attorneys know how to get results with orders of protection under the Arizona legal system. Don’t wait another minute; call our legal office today and schedule a initial consultation at 623-777-3909.