How to Fight a Restraining Order in Arizona
In certain situations, when you are accused of domestic violence or other charges of violent behavior against others, the plaintiff may also request a restraining order against you. As any criminal defense Arizona law attorney can explain, this legal procedure can have a strong negative impact on your life.
First of all, let us clear up the concept of restraining order. This is the phrase used in conversations, which anyone understands. However, from a legal standpoint, there are several types of procedures covered by this term. Under criminal defense Arizona law, there are actually four types of restraining orders:
- Order of protection
- Release order of emergency order of protection
- Injunction against workplace aggravation
- Injunction against provocation.
What Are the Consequences of Having an Order of Protection Issued against You?
Although an order of protection is valid for 1 year, it will be permanently written in your criminal record. Every potential employer, business partner or financing institution may find out about it and form an opinion of you based on it.
Also, as your criminal defense Arizona law attorney will explain to you, if the order of protection is issued against you during divorce proceedings, you will face the following consequences:
- You are barred from entering your home
- You cannot visit your children
- You may lose custody and/or parenting time with your children
- Visitation times will be supervised
- You may lose the ability to obtain joint custody at the end of the divorce.
Can You Fight an Order of Protection under Criminal Defense Arizona Law?
All these being said, you are not left without legal recourse in this situation. Any person has the right to challenge an order of protection under criminal defense Arizona law. An experienced criminal defense attorney can investigate the evidence against you, expose the weak link in the arguments used for obtaining the order of protection and have it dismissed. In turn, the dismissal of the order of protection will help your criminal case, which otherwise may result in a harsh sentence at the end of the trial.
How to Challenge an Order of Protection
When a court issues an order of protection, you don’t get to present your side of the story. The judge will only hear the plaintiff’s arguments and decide whether they warrant the granting of the order.
When you hire a criminal defense Arizona law attorney to challenge the order of protection, you get the chance to state your case. During the entire process, you must be careful to comply with the order of protection. Do not give the judge any cause to reject your appeal, because your actions will speak louder than your defense arguments.
Reasons to Retain Legal Representation
Although you can represent yourself and challenge the order of protection, you should not fight this battle alone. You are in a highly emotional state, which may cloud your judgment. Also, you do not know all the intricacies of criminal defense Arizona law.
A skilled attorney will be able to build a strong case in your favor and get the best possible outcome for you: dismissal, modification or changing of the order of protection.
Hire an Experienced Criminal Defense Arizona Law Attorney
Having an order of protection issued against you can tarnish your professional and personal reputation forever. You have the right to have your say in court and get it dismissed if you are not guilty of the actions you are accused of. An experienced criminal defense Arizona law attorney can help you reinstate your good name and fight the charges against you, so call us!