If you’re reading this, you know how stressful it is to have a relationship go extremely wrong. Whether you’re seeking protection from harassment or abuse, or have been falsely accused, you don’t have to go it alone. The Arizona attorneys at Nova Law Group have years of experience securing and contesting Orders of Protection and Injunctions Against Harassment in Maricopa County courts. Schedule your consult today and find out how Nova Law Group can restore peace to your life.
Will the Order be effective? You might worry about whether the legal order will truly stop the other person from continuing their behavior.
How quickly can I get protection? In urgent situations, time is of the essence, and you may be concerned about how fast the legal process can move.
What evidence do I need? Gathering sufficient evidence to support your claim can be challenging, especially if the behavior has been subtle or mostly verbal.
Reputation Damage: Concerns about your reputation within your profession and community are valid. Disciplinary actions can tarnish your name and undermine the trust and credibility you’ve built over your career.
What if the other person violates the Order of Protection? There’s often fear about what will happen if the person ignores the court order and continues their behavior.
How will this impact my life? The process of obtaining an Order of Protection can be emotionally taxing, and you may be worried about the long-term implications.
What are the legal implications? Receiving an Order of Protection can be shocking and confusing, leading to concerns about how it will affect your personal and professional life.
How can I defend myself? Even if you’ve been in Court before, the process can be confusing and overwhelming. Even when the truth is on your side, how do you ensure that the judge hears and understands that?
Will this impact my reputation?An Order of Protection can carry a stigma, potentially harming your reputation and relationships.
What if I accidentally violate the order? The fear of unintentionally breaching the terms of the Order of Protection can cause significant anxiety, criminal consequences, financial burdens and loss of freedom.
How can I get the Order of Protection lifted? Understanding the legal avenues for modifying or lifting the Order of Protection is crucial for those unfairly targeted.
Firearm Rights: If the court finds a credible threat of physical harm, an order of protection can require you to surrender your firearms. We address that squarely at the hearing.
A.R.S. § 13-3602(N) is specific: an order expires two years after service on the defendant. The clock runs from service, not from the date the judge signed it. Separately, an order that is not served within one year after it is issued expires on its own.
Yes. Under A.R.S. § 13-3602(L), a person who is under an order of protection is entitled to one hearing on written request. The hearing must be held within ten days from the date requested, or within five days if the order awarded the other party exclusive use of the home. Rule 38 of the Arizona Rules of Protective Order Procedure treats those as court business days.
The plaintiff does. Arizona Rule of Protective Order Procedure 38(g) requires the plaintiff to prove the case by a preponderance of the evidence. That remains true even though it is the defendant who requested the hearing.
Only if the court makes a specific finding. Under A.R.S. § 13-3602(G)(4), the court may prohibit firearm possession and purchase for the duration of the order if it finds the defendant is a credible threat to the physical safety of the plaintiff or another designated person. Once that prohibition is ordered, the transfer is mandatory: firearms go to the appropriate law enforcement agency immediately after service, or within twenty-four hours after service if not immediately.
Violating an order of protection is prosecuted as interfering with judicial proceedings under A.R.S. § 13-2810(A)(2), which is a class 1 misdemeanor under § 13-2810(B). A.R.S. § 13-3602(R) also authorizes a warrantless arrest on probable cause to believe the order was violated. Contact initiated by the other party does not undo the order — only the court can change it.
A.R.S. § 13-3602 contains no renewal or extension mechanism. A plaintiff who wants continued protection after an order expires has to file a new verified petition, which starts the process over.
The relationship is jurisdictional. A.R.S. § 13-3602(C)(4) requires the petition to state a relationship listed in § 13-3601(A): married or formerly married, residing or having resided in the same household, a child in common, one party pregnant by the other, certain blood or in-law relationships, certain children in the household, or a current or former romantic or sexual relationship. If no qualifying relationship exists, the correct vehicle is an injunction against harassment, not an order of protection.
If an order of protection has been served on you, it can bar you from your own home, limit contact with your children, and require you to surrender your firearms, often before you have said a word to a judge. Contact Nova Law Group today for a consultation and let us request a hearing and put an experienced defense on the record.
At Nova Law Group, we understand the complexities and emotional weight of dealing with Orders of Protection. Whether you’re seeking protection or need to defend yourself against an unfair order, our experienced attorneys are here to guide you every step of the way.
Extensive knowledge in Protective Orders: Our attorneys have substantial experience in Orders of Protection and restraining order cases, bringing extensive knowledge and a track record of successful outcomes to your case.
Personalized Legal Strategy: We tailor our approach to your unique situation, ensuring that every action we take is designed to protect your rights and achieve your desired outcome.
Rapid Response: We know that time is critical in these cases. We move quickly on these cases, because the deadlines are short and a protective order can change your living situation, your parenting time, and your right to possess a firearm within days of being served.
Skillful Courtroom Presentation: Not only will we meticulously gather all of the relevant evidence in your case, we will present it in a way that is compelling and gives volume to your voice.
Compassionate Support: We’re here to provide more than just legal advice. Our team offers compassionate support, helping you navigate the emotional challenges of your situation.
Transparent Communication: We keep you informed every step of the way, ensuring you understand your options and the progress of your case.
Experience: We regularly represent clients on both sides of Order of Protection cases — those who need protection and those defending against unjust orders.
Cost-Effective Solutions: We offer flexible payment options to ensure you can access the high-quality legal representation you need without undue financial stress.
Don’t face the challenges of Order of Protection cases alone. Trust the Arizona Order of Protection Attorneys at Nova Law Group to provide the aggressive, compassionate, and effective legal representation you need to protect your peace and rights. Contact us today for a confidential consultation.
Related: If the person seeking protection is not a family or household member, Arizona handles the request as an injunction against harassment rather than an order of protection. The two are filed differently and carry different proof requirements.
