An order of protection is a very serious legal motion that can have a high impact on the life of the person who is placed under one. Sometimes colloquially known as a “restraining order”, an order of protection places numerous restrictions upon a person and is normally also associated with a loss of second amendment rights. Violating an order of protection carries with it potentially very serious legal consequences. Those who ignore an order of protection may face immediate arrest and custody by the police until a judge can determine appropriate release conditions. If convicted, a violation of an order of protection is considered a class one misdemeanor and carries with it a punishment of up to six months in prison. Additionally, the judge may impose a fine of up to $2,500 plus an 84% surcharge.
There are few defenses to violating an order of protection. The victim involved in inviting the defendant over is not a defense as is often believed, because the order did not come at the behest of the victim – it came at the behest of a judge. The only way to avoid being charged and punished for conduct that would constitute a violation of the protection order would be to go to court to seek to have the order rescinded.
Under Arizona law, the plaintiff is the best person to seek the dismissal of a protection order. In general, the plaintiff may request that the order be rescinded at any time – the state isn’t in the business of keeping couples apart who genuinely want to be together, even if it is not in their best interest. The plaintiff’s identity will be verified by the court, and then they will be interviewed to ensure that they are not making the request under coercion or duress placed upon them by the defendant or other interested parties. If the defendant is not present to jointly file the petition to dismiss, the court may act without notice to them.
Sometimes, the order of protection may be dismissed without the consent of the plaintiff. This can be done when it can be demonstrated that the facts that led to the original order of protection were erroneous or entered with malicious or misleading intent.
Simon Law Group recently won one such case. In that case, the girlfriend had been granted an order of protection against her boyfriend, and use of his house. Our expert team was able to demonstrate that the facts of the case did not support such extreme actions against our client, and we were able to have not only the order lifted, but his lawful property restored to him.
If you have been placed under an order of protection or looking to place someone you know under an order of protection, it’s vital that you obtain good legal counsel without delay. Contact us at Simon Law Group today for free a consultation with an attorney who cares.