Never Get Taken Advantage Of
Aggressive Protection for Over 20 Years


Home What is an Order of Protection and How Do I Get One?


What is an Order of Protection and How Do I Get One?

 

 

As the best divorce lawyers in Arizona we often get asked, “what is an order of protection and how do I get one?” Hi, I’m Kevin Jensen with the Law Offices of Kevin Jensen. And today, I want to talk to you about something that is one of the most difficult issues that we ever deal with in our family law practice, and that is when someone comes into our office and needs an order of protection. An order of protection is a court order that a person can obtain from a judge in order to protect them from somebody else. Usually, it’s a situation where a spouse is being abusive in some way. Technically or specifically, what the person seeking an order of protection must show is that domestic violence has happened in their relationship or is likely to happen.

Now, that being said, you should never take an order of protection lightly. It is not a tool that I ever recommend people use to get a leg up in their family law case. It is absolutely a tool that should allow you to get protection from someone who is being abusive. Getting an order of protection is fairly simple. And quite frankly, you don’t need an attorney to do that. You generally would go down to the courthouse. They have many people at the courthouse who can direct you where you need to go to fill out a petition for an order of protection.

Now, that petition is the document that’s going to go in front of the judge and explain to the judge what’s going on and why you need an order of protection. What’s really important is to put the appropriate language in the order of protection petition. You have to explain to the judge, in very specific detail, what has happened and why you feel threatened, or how abuse has happened. You’re even able to go back as far as a year in most cases. Once you’ve filled out the petition, they will actually forward your petition to a judge who is on call to hear these types of emergency orders every single day. You will then meet with the judge in the courtroom, or in COVID world, you’ll meet by video. The judge will review your petition and determine right then and there whether or not you have put enough information for the court to determine whether or not domestic violence has occurred or is likely to occur. If the court agrees with you, then an order will be issued prohibiting the other person from contacting you, or coming near you.

Now, that’s not the end of the story. Once you get an order protection, it is not effective until it has been served on the other party. Typically, you’ll be able to arrange through the sheriff’s department to have that served. Once it’s served, then that person is on notice that they cannot go beyond what the orders allow them to do as far as communication. Now, in some cases, when you have children, for example, the court may allow the parties to continue to communicate with each other, but only in writing, for example, text or email, and only about the children. So, if a spouse who is subject to an order of protection sends a text or an email about something other than the children in that scenario, that would be a violation. What should you do if someone violates an order of protection? You should always call the police immediately. And the reason for that is that the order of protection is only good if you’re willing to enforce it. You went to the bother of getting it in order to protect yourself. If someone’s violating it, that means they don’t respect that order, and presumably, you could be endangered, so you need to call the police.

The person who has been served with an order of protection always has the ability to ask the court for a hearing. If they do so, the court will schedule an evidentiary hearing, a trial, usually within about 10 days where both you and the other party will have to go to court, and you the person who obtained the order protection will have to present evidence to the judge to show why it should stay in place. This is where we come in all the time. It’s not very common for us to go and help somebody get an order of protection, although we often advise people to do so. Where we come in more often is after somebody has requested a hearing. And in that case, we certainly can go with you to court to help you present your evidence to the judge as to why that order of protection should stay in place.

On the other side of the coin, we also help people who have been served with an order of protection. This is the situation where you’re the one who has had an order of protection taken out against you, that is now being prohibited from contacting your spouse or your girlfriend or even your children in some cases. Not every single order of protection is valid and should be kept in place. If you find yourself in a situation where either you feel like you need to get an order of protection or one has been taken out against you, please call us at the Law Offices of Kevin Jensen. We take these matters seriously. We’ve handled many, many, many order of protection matters, and we are here to help you in any way we can.

For more videos answering order of protection and other family law questions click here.

Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.


Mesa, AZ – Office

Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Mesa AZ
3740 E. Southern Ave Suite 210
Mesa, AZ 85206
(480) 999-2321
https://familylawattorneymesaaz.net/mesa

Chandler, AZ – Office

Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Chandler AZ
333 N. Dobson Rd #5
Chandler, AZ 85224
(480) 632-2083
https://familylawattorneymesaaz.net/chandler

Gilbert, AZ – Office

Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Gilbert AZ
4365 E. Pecos Rd Suite 138
Gilbert, AZ 85295
(480) 900-2302
https://familylawattorneymesaaz.net/gilbert

Florence, AZ – Office

Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Florence AZ
3281 N. Hunt Hwy Suite 111
Florence, AZ 85132
(480) 632-1120
https://familylawattorneymesaaz.net/florence

Glendale, AZ – Office

Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.

Jensen Family Law in Glendale AZ
7075 West Bell Road Suite 5
Glendale, AZ 85308
(602) 834-8585
https://familylawattorneymesaaz.net/glendale/




LET US REVIEW YOUR CASE

Jensen Family Law in Mesa is located on 3740 E Southern Ave Suite 210, 85206 Mesa, Arizona. From Phoenix Sky Harbor International Airport (PHX), Take S 41st St to E Sky Harbor Blvd, then head west on E Sky Harbor Blvd and Use the left lane to take the exit toward S 41st St. Then Turn right onto S 41st St. After that, Continue straight to stay on S 41st St, then Take AZ-202 Loop E, AZ-101 Loop S and US-60 E to S Val Vista Dr in Mesa. Take exit 184 from US-60 E after that Merge onto E Sky Harbor Blvd, then Use the left 2 lanes to merge onto AZ-202 Loop E toward Tempe/Mesa and Use the right 3 lanes to take exit 9 to merge onto AZ-101 Loop S. After that, Use the right 2 lanes to take exit 55A-B to merge onto US-60 E toward Globe, then Take exit 184 for Val Vista Dr. Then Continue on S Val Vista Dr to your destination and Turn left onto S Val Vista Dr. Turn right onto E Southern Ave, then turn left and Destination will be on the right.

We’re open 9 AM – 5 PM Monday – Friday and we are closed on Saturday and Sunday.

For additional questions you can call us at (480) 999-2321 or you can find us on Yelp.