Orders of Protection
Assistance from Skilled Divorce Lawyers in Scottsdale
An order of protection, also known commonly referred to as a restraining order, is a court order that requires a party to refrain from contacting a person and going to particular locations such as the protected parties residence, work and/or school. They are intended to protect the family member from the abuser.
An order of protection is used when:
- The parties are or have been married
- The parties are living or have lived together
- The parties have a child in common
- One party is pregnant by the other
- One party is a parent, grandparent, in-law or sibling
An injunction prohibiting harassment is a court order directing a person to stop harassing, annoying, or alarming another person.
An injunction prohibiting harassment is used when:
- The parties are involved but have never lived together
- The parties have a workplace in common
- There is another relationship previously unlisted
Has a Restraining Order Been Placed Against You?
If someone has obtained an order of protection or injunction prohibiting harassment against you, you can challenge that order through the courts. Do not try to talk it out with the person who obtained the order, you will only get yourself into worse trouble. Until revoked or modified, the order is legally enforceable, and trying to talk it out with the other party is a direct violation of the order. You must go to court and get the order modified or quashed (terminated) before having any contact with any person identified in the order.
Call Owens & Perkins, Attorneys at Law for answers to your questions!
If an order of protection or injunction prohibiting harassment is granted or upheld after a hearing, it will remain in effect for one year. In most cases, these are civil proceedings rather than criminal. If, however, a person violates either type of order, that violation is criminal, and charges can be filed. Do not violate an injunction or order of protection because doing so can only make the situation worse.
If you would like to contact Owens & Perkins, Attorneys at Law regarding obtaining or contesting an order of protection or injunction prohibiting harassment, call us to schedule a free 30-minute phone consultation.
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