The link between domestic violence charges & protective orders can be confusing. Contact a criminal defense lawyer and educate yourself. A protective order can be filed by an individual who is in danger of violence or abuse from another person or against someone who has already committed an act of domestic violence. The purpose of these orders is to limit contact between the victim and the accused individual. There are many misconceptions about protective orders, and if you have been accused of domestic violence or have been a party to a protective order, you need to educate yourself and proceed cautiously.
If you are aware that you have limited contact requirements under a protective order, do not try to take matters into your own hands and communicate with the other party. Even if you believe that trying to talk things out could help, it could generate further problems and communication that is further restricted. Consult an experienced criminal defense attorney before taking any action.
Arizona’s Protective Orders
One of the most common misconceptions about protective orders is that they are always all-inclusive, prohibiting any kind of communication or contact. The reality is that these orders can depend a great deal on the matters at hand. If you have been accused of domestic violence and have received notice of a protective order, you need to communicate with an experienced criminal defense attorney as soon as possible so that you are well-informed about any modifications or special requirements within your order.
There are five primary types of injunctive orders in Arizona:
- Release orders
- Emergency orders of protection
- Orders of protection
- Injunctions against workplace harassment
- Injunctions against harassment
Who Can Obtain a Protection Order?
The requirements for these different types of injunctions vary from order to order. A person who believes that they are in danger, or have already been the victim of an act of domestic violence or who is being unreasonably harassed can file a petition to obtain injunctive protection. Any person who believes that he or she is in danger of abuse can obtain a protection order. In order for a court to award this, the alleged offender must meet one of the following conditions:
- Parent to the victim’s child
- A cohabitant or former cohabitant with the victim
- Spouse or former spouse
- Sister, brother, child, parent, grandparent, or grandchild to the victim
- An in-law, stepchild, stepparent, step grandchild, or step grandparent to the victim
- A person who lives in the same house as the victim with a child
Does an Accused Individual Have Any Rights With a Protection Order?
As mentioned above, the limitations on contact will be outlined in the protection order. This is something you should review with your Mesa criminal defense attorney. It’s in your best interest to avoid contact with the victim as violating the protection order could make matters worse for you.
If you have been named in a protection order, you may request that the order be modified or dismissed. In order to do this, you’ll have to file a Request for Hearing. There are several common reasons that defendants attempt modification or dismissal of a protection order. These include:
- Gaps between the alleged act of violence and the filing for the order
- Spousal relations that resumed after the petition for the order was filed
- False allegations of abuse
Even if you believe that the other party filed for an order of protection as a tactical move, you should not attempt to reconcile on your own without first consulting a Mesa criminal defense attorney.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice, please feel free to contact Mesa Criminal Attorney, Garrett L. Smith at 480-540-6021 log on to www.mycriminaldefenselawyeraz.com, or contact an attorney in your area.