Criminal Defense

Judicial Interference Attorney

Judicial Interference Attorney in Phoenix

Disputes between individuals at times may lead to a restraining order or an injunction against harassment.  For those who find themselves on the receiving end, this can be overwhelming. The matter may even lead to an allegation of violating such an order.  If these allegations are raised against you, it is likely you are being charged for judicial interference.

Judicial Interference

A.R.S. §13-2810 Judicial Interference is a Class One Misdemeanor. If convicted, you can be required to serve up to 6 months in jail, pay a fine of $2,500, and serve up to 3 months of probation. The court may order additional classes.

There are different ways one can be charged with interfering. A person must knowingly:

  1. Engage in disorderly, disrespectful or insolent behavior during the session of a court which directly tends to interrupt its proceedings or impairs the respect due to its authority; or
  2. Disobeys or resists the lawful order, process or other mandate of a court; or
  3. Refuses to be sworn or affirmed as a witness in any court proceeding; or
  4. Publishes a false or grossly inaccurate report of a court proceeding; or
  5. Refuses to serve as a juror unless exempted by law; or
  6. Fails inexcusably to attend a trial at which he has been chosen to serve as a juror

Violating an Order

The most common and the one discussed here is when one disobeys or resists the lawful order, process or other mandate of a court. A.R.S. §13-2810(A)(2) Additionally, there can be implications if the restraining order involves individuals defined as a domestic relationship.

Domestic violence is a special category of crimes within Arizona’s criminal code, often referred to as an enhancement. Enhancements are not crimes when they are simply by themselves; rather, they are statutes that create additional penalties when their elements have been satisfied. Domestic violence, or DV offenses, requires that a person have a special relationship with the victim of the crime. For more information on what is a Domestic Violence offense see A.R.S. §13-3601.

Defenses

Although a person may want to argue the order should not be in place that is not one of the elements the court will look for in determining guilt. In court, the State needs to prove the order was lawful, which means it was properly served. This can often times be confusing because certain steps need to have been taken for such an order to be lawful. The most important is that the order was physically handed to the receiving party. The State also needs to prove the individual “knowingly” violated the order. This is important because often times an individual may not be aware they are limited to certain contact. The order may only restrict certain types of contact such as phone calls but may be silent on other forms of contact. Furthermore, restraining orders only protect those listed on the order and not others.

Although the underlying basis for the restraining order is not an element of culpability, they can at times be used to negotiate with the State because it provides context to the alleged violation. These are but a few of the defenses that can be raised. Our firm specializes in being able to find these issues and leverage them to your benefit. To assess the extent of your defenses contact our office for a free consultation.

Here to Help

Finding answers is not something you need to do alone. Our firm has the experience and expertise to help you navigate these and other defenses. We handle Judicial Interference cases across the valley and in all of Arizona. We fight rigorously for you and make sure your story gets told. Contact us for further strategies specific to your case.

Google Logo

I never have been in any trouble but sometimes unfortunate things in life happen and I needed a lawyer ASAP. They worked as a team and explained everything to me step by step and in a way that I was able to understand. They even offered affordable payment options which helped out a lot.

- Nicole Brown

Google Logo

My husband sat in jail for 3 months before we got him out with no bond. Weeks later the case was dismissed. His lawyer Joe was beyond helpful and I can honestly say it was the best money I ever spend.

- Alexis Hines

Google Logo

I’ve never had to deal with anything deeply law related until last year and Alcock Law was my first choice. They’ve been super helpful, very friendly and I couldn’t have asked for better people to represent me.

- Cesar Piri

Google Logo

5 Star Awesome Criminal Defense Attorney. There are no words to explain what an amazing job Elizabeth did defending my son’s court case. Her professionalism is impeccable and she was always there when we needed her. I would highly recommend her for legal services.

- Janet Henderson

Facebook Logo

My experience with Alcock and Associates was a great one. Carina & Elizabeth Are two great people that helped DISMISS MY CASE. When I first reached out to them I was crying in tears explaining my situation and from the start they were ready to help me and fight with me.

- Monica Chairez

Google Logo

In the beginning of all this, I thought my life was over. I've never been arrested and never been in jail. I didn't have any clue as to what my future held I thought it was over. They are truly the greatest and live up to there reputation as the TOP DEFENSIVE ATTORNEYS that you will need.

- Jesus Saliness

Google Logo

They are truly the greatest and live up to their reputation as the TOP DEFENSIVE ATTORNEYS that you will need. Thank you Daniel garcia and Alcock & Associates.!

- Jesus Salinss

reprenstation you deserve

REPRESENTATION YOU DESERVE

Here at Alcock and Associates our team and staff are dedicated to helping and representing YOU. The first step is to understand your case. We will take the time to get to know you and your legal situation so that we are best able to answer all of your questions. After your initial consultation with our attorneys, you will know what you are facing and what can happen to your case.
EVERY CONSULTATION IS COMPLETELY FREE AND COMPLETELY CONFIDENTIAL.

FREE CONSULTATION >

Top Rated Phoenix Attorneys

avvo

the national trial lawyers
bbb
nacdl
avvo rating superb
federal bar associates
Alock law

Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004

602-989-5000
© 2020 Alcock & Associates, P.C. © 2020 Alcock & Associates, P.C.

Health Update:

We are open. Call now for a free case evaluation/consultation by telephone.

Alcock & Associates P.C.
2 North Central Avenue, 26th Floor
Phoenix AZ 85004