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What Is An Order of Protection

Clients of the Sampair Group may have the 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 “restraining orders”, 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. 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. In the case of an Order of Protection, the person who requests the order is the “Plaintiff” and the person who has an Order of Protection issued against them is the “Defendant”. 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 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.

Order of Protection Attorney

The Sampair Group is experienced in filing Orders of Protection, or Restraining Orders, to help a person who feels threatened by another.

An order of protection can be quickly obtained by the court and will go into effect immediately. The Order of Protection can be obtained from any court, but if the order is being filed in conjunction with a divorce proceeding, then the Order or Protection will be filed with the same court that the divorce action is filed, or will be filed.

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 the best way possible to best insure that the Order or Protection will not be overturned.

As order of protection can allow the petitioner to gain exclusive use of the home and in some instances, can restrict parenting time by the Defendant during the divorce process and can deny the Defendant’s ability to obtain joint custody.

Order of Protection (Two Fold Test)

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.

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 to 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 establish that you have a relationship with the Defendant and that a threat, or the possibility of a threat exists. If both sections do not apply, then you will have to file an Injunction Against Harassment. The categories in question are described below.

Relationship Includes

  • Your current or former spouse,

  • Someone with whom you live or have lived with,

  • One party pregnant by the other party or the parties have a child in common,

  • You are related to the Defendant or the Defendant’s spouse 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,

  • The victim is a child who resides or has resided in the same household as the Defendant and 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.

Domestic Violence Includes

  • Assault

  • Aggravated Assault

  • Child or Vulnerable adult abuse

  • Criminal Damage

  • Criminal Trespass – first, second or third degree

  • Crimes Against Children

  • Custodial Interference

  • Disorderly Conduct

  • Endangerment

  • Kidnapping

  • Threatening or Intimidating

  • Unlawful Imprisonment

Attorneys to fight Order of Protection

Sometimes an Order of Protection simply is not valid.

The filing for the Order of Protection was done maliciously by the Petitioner. 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, it is important that you 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, or Restraining Order, transcends 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. You only get one chance to challenge the Order of Protection. There is no second chance. It is imperative that you present the best case possible. The Sampair Group of attorneys can help you fight the Order or Protection that you have ordered against you.

Family Lawyers Serving the Entire Phoenix Metropolitan Area

The experienced divorce attorneys at The Sampair Group represent individuals throughout the Valley with locations in Phoenix and Glendale.

If you need legal representation in a family law dispute, The Sampair Group can help. Please feel free to call 602-456-2997, or send us an e-mail to schedule a FREE initial consultation.

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17235 N 75th Ave, Suite E-100
Glendale, AZ 85308
Located 1½ blocks North
of Bell Road on 75th Avenue
Phone: (623) 777-3926
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