What Can Someone Expect At A Protection Order Hearing?
A hearing is typically going to involve the person that got the orders, and he or she will typically have to testify to the incident they alleged. Any other supporting witnesses could testify as well. It’s much like a mini-trial. Your attorney would have the right to cross examine those witnesses, and then put you or other witnesses on to combat it. Then those people can be cross examined, and then at the end, arguments are made for or against the order, and the judge makes a decision. It’s very much like a trial.
What Sort Of Restrictions Are Imposed In The Victim Protective Orders (VPO)?
A typical protection order is going to restrict someone from having contact with the party that received the order at their home or work. It will prevent contact through texting, phone calls, and emails. It will typically preclude contact from a 3rd party, where you have someone try to talk to that person on your behalf. Those are the types of restrictions that we most commonly see, and then depending on the allegation on which the order is based, sometimes the person that the order is served on will also be restricted from having a firearm during the period of the order.
How Can Someone Try To Have A Protection Order Dropped With The Help Of An Attorney?
The way to have a protection order dropped, with the help of an attorney, is to request a hearing and challenge it. Other than that, the only way to have it dropped is to have the person that got it go into court and ask for it to be dropped.
How Long Do Protective Orders Generally Last For?
Protective orders generally last for 12 months. If you want to keep it in place after that, you have to ask for a new protective order, and to allege new reasons why. The new order cannot be based on old reasons.
How Do People Commonly Violate Their Protection Orders? What Happens If Someone Violates It?
Violating a protection order in Arizona is actually a Class I misdemeanor. You will be charged criminally, and every time you violate it, you will be charged with a separate offense. It definitely has serious consequences, and it could result in a criminal action against you, whereas a protective order is simply a civil order placed by a judge. The most common way that it is violated that people think that having somebody else talk to them on their behalf is not a violation, when it clearly is 3rd party contact. Another way that people violate protection orders is when they think if they text them or email them about something normal, then that isn’t a violation, when really the order says no contact. It doesn’t matter what it is about.
Can A Protective Order Be Set Aside From Someone’s Record?
A protection order can’t be set aside from someone’s record. Other than getting it dropped, because it’s not a conviction of any kind, it’s really not something that you can set aside.
Do I Need An Attorney If Someone Files A Protection Order Against Me?
You don’t have to have an attorney if someone files a protection order against you, but much like any other situation, I always feel like it’s important to have an attorney, because there are legal issues to deal with. We have a standard to understand the protection orders and protection order hearings, and so I think that it helps to have an attorney, because it’s typically an emotional and information heavy process. It’s always nice to have somebody that can dig through that process with you, and help present your best case.
Additional Information On Protection Orders For Domestic Violence Cases In Arizona
One of the common things that I see with a protection order is I see a lot of cross protection orders, where one party has an order against the other, and then the second party has an order against the first person, and they serve the same purpose. Protection orders stop one party from initiating contact with another. Usually, the person that gets them can initiate contact with the person they got it against, and sometimes people feel like I’ll have one against them too, so I don’t have to deal with them trying to goad me into contact with a lie about who initiated it getting into trouble. However, you still must have valid reason to request the order. It just can’t be purely responsive or purely vindictive. This situation can be very contentious, and I find a lot of them are between people who are in relationships that went bad, or a lot of the ones that we see here in Arizona are with neighbors and issues in the neighborhood.
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