Phoenix Criminal Defense Attorney Nick Alcock discusses Arizona Restraining Order Violations
Although there are certainly different types, restraining orders are most often filed in domestic cases. This can include a spouse, ex-spouse, roommate, a significant other or parent to your child or relative. Regardless of whether you feel it is fair or not and you believe you are innocent, once any kind of restraining order has been taken out against you in Arizona, you are legally required to abide by its terms.
Arizona law has two main types of restraining orders. The first is known as an “Order of Protection” (ARS 13-3602). These are usually easy to get because the court system is dedicated to protecting victims.
The second is called an “Injunction Against Harassment”. This is filed when there is no domestic relationship between the parties.
Both types of restraining orders can be filed by the alleged victim or a reliable third party. This could be a law enforcement agent or any other concerned person. The legal exception in this case is that this third party must demonstrate the need for the court order and a reason why the victim isn’t requesting it. Also be aware that the courts themselves will often issue restraining orders of both kinds in cases where the parties are simply awaiting upcoming court dates.
Should you violate the order of protection or injunction against harassment, you can be charged with Interfering with Judicial Proceedings (ARS 13-2810) and be found guilty of a Class 1 misdemeanor punishable by up to one year in jail as well as fines up to $2,500. If your violation of the order also led to another offense such as harassment, you can be charged with violating this offense as well. It is very possible to inadvertently violate an order of protection or injunction against harassment, even if the victim is the one who initiated contact with you.
It is definitely possible to get a restraining order removed. They are often issued without serious consideration and rarely contested by the person targeted. If you have been accused of a restraining order violation, order of protection or other court order, call Alcock and Associates today to speak with an experienced criminal defense attorney. We can help you contest and have the protection order removed by the courts. You can reach the law offices of Alcock and Associates at 602-989-5000. We gladly offer a free initial consultation to discuss your case with you in an effort to make sure your rights are fully protected.