An order of protection is a legally binding document that restricts another person’s behavior, referred to as an offender. These orders are typically sought by people who have recently separated from or recently divorced their spouse or who feel threatened by another person. An order of protection can also be used to encourage an abuser to vacate a residence and provide the victim with protection from the abuser.
Penalties for violating an order of protection can include fines and jail time. It is important to note, however, that not all states have specific domestic violence protective orders or restraining orders. In those states, a simple assault charge may be filed instead against the person who attacked another person.
An order of protection typically contains “do not contact” provisions, which direct the abuser to stay away from the person seeking protection. This includes prohibiting the offender from coming within a specified distance of them, either in person or online. They may also be ordered to stop harassing the victim through emails, texts, and other forms of electronic communication.
Order of Protection Attorney in Scottsdale AZ
If you want to file for an order of protection against another individual, then there are several steps that need to be followed:
- File a petition with the court. Once you have decided to file, go down to your local courthouse and ask for help from a family law attorney or criminal defense lawyer. Someone on staff at the courthouse should be able to direct you to the right person.
- Bring all of your evidence with you. This includes written text messages or emails that demonstrate the person’s abusive behavior. If possible, bring a witness with you as well.
- Provide the courts with an accurate background of your relationship to ensure that all necessary parties are aware of the situation.
- If granted, the order is taken to be served by a peace officer or family member on behalf of law enforcement. In some cases, however, you may be the one who is responsible for making sure the order is served.
- If you are serving someone with an order of protection, make sure to hand him or her a copy and provide documentation of service (signed by the individual). Ask them to sign it as well, if possible. If they refuse to do so, then you can
- Discuss your situation with an experienced family law attorney who can provide advice and guidance on your options. This is important because the process of obtaining an order of protection differs from state to state – even county to county, depending on where you live. You will need to understand the basics of how orders of protection are issued by your local court proceedings.
- Determine whether there are any specific requirements that need to be met before you can file for an order of protection. For example, your state may require that you and the other party provide certain personal information, such as full name, home address, phone number, driver’s license number, birth date, social security number, etc., together with the reasons you are seeking the protective
Benefits of Hiring a Family Law Attorney to Help With an Order of Protection.
- A family law attorney is someone who focuses on the legal issues that are related to families, including divorce, child custody, and child support. They can also help with legal issues related to domestic violence and protecting your children from harm or abduction by a parent.
- Ensuring that the terms of an order of protection comply with local laws.
- Helping you to determine which modifications should be made to your order of protection from a legal standpoint.
- Making sure that any modifications are successfully enforced by law enforcement officials.
- If necessary, provide you with contacts for police officers and other nearby attorneys who may be able to provide you with further legal advice
- Providing you with representation in court if the offender violates your order of protection. An attorney can also represent you in negotiating a settlement or filing an appeal in civil or criminal court.
- The ability to receive legal representation from a qualified and experienced attorney.
- Assistance with the order of protection proceedings, including filing the necessary paperwork and appearing before a judge.
- Representation if your ex files for their own order of protection against you or violates their own terms.
- Represent you in court proceedings and make sure your rights are not breached. Additionally, an attorney may be able to get a protection order before you even leave the house, preventing any future harm. An experienced attorney will know how to get a protection order without you having to attend court, although this can depend on the laws of your state.
- Ensure that family law proceedings are carried out smoothly, which means less worrying for you and more time spent in building a stronger relationship with your child.
- Keep track of filing deadlines which saves you time and money by not having to worry about missing the deadline for an important event or procedure throughout the proceedings. This becomes more important if you are living in a different state to where the divorce is being filed, so it’s best to have a family law attorney to help with an order of protection handle the filing
- Make sure all child support is being paid and received correctly, so you don’t have to worry about being scammed by the other parent. A family law attorney will easily be able to handle this for you.
- Make sure that custody rights are not breached and that the other parent is abiding by chances given to them either in a temporary or final order of protection.
- Assist with parenting time issues, so you don’t have to miss time with your child because the other parent isn’t being cooperative. An attorney will help
Reach Out to Us
A family law attorney will be at your side every step of the way and has experience in navigating these difficult waters, so you don’t have to. As Genesis Family Law and Divorce Lawyers family law attorneys in Scottsdale AZ, we have over 30 years combined experience helping families and individuals with orders of protection. If you are seeking an order of protection or if you have any questions about hiring a family law attorney, contact one of our offices today.
Need an Order of Protection in Scottsdale?
We’re open: Monday – Friday 9 am – 5 pm
For additional questions you can call us at (480) 581-1650 or you can find us on Google Maps.
Genesis Family Law and Divorce Lawyers in Scottsdale AZ is located at 7825 E. Gelding Dr Suite 102 Scottsdale, AZ 85260. Our Scottsdale 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.
7825 E. Gelding Dr Suite 102
Scottsdale, AZ 85260