Restraining orders are often given as a precautionary measure, resulting in relationship and family complications.  Domestic violence charges and phone calls to police are often given out of anger which leads to restraining orders and criminal charges filed against the accused.  Restraining orders are disruptive to your family life and your work life and can impact your future in a number of ways especially upon violation.  If you have received an initial restraining order, you must contact an experienced Phoenix restraining order violations defense attorney as soon as possible to ensure you do not accidentally violate the  order and to assist in getting it removed.

Restraining Orders

Restraining orders are issued by courts and frequently involve restrictions on access to funds and access to certain family members.  They are often issued to prevent a person from harassing, stalking, physically abusing, and threatening another person.  Arizona calls restraining orders “orders of protection” or injunctions.  Restraining orders can be issued in either civil or criminal cases.  In civil cases, restraining orders are typically requested to prevent a person from abusing funds in an account, but can also be used in the case of harassment.  Violation of restraining orders in a civil case can lead to criminal charges and in turn criminal appeals.  Criminal restraining orders often stem from more violent and threatening encounters, although the prosecutor is the person who requests restraining orders, rather than the victim in the civil case.

Types of Restraining Orders

In Phoenix, Arizona, restraining orders can be either Emergency Orders of Protection (EOP) or Permanent Orders of Protection.  EOPs are quick solutions which are only valid for one day and can be granted by a judicial officer.  EOPs allow a person enough time to retrieve a permanent order of protection which can only be issued in front of a judge.  Permanent orders last for one year after issuance.

If you have received a permanent order of protection against you, you can challenge it by requesting a written hearing if you file the appropriate paperwork.  Judges are often quite fair in hearings and typically allow the accused to continue with regular activities such as picking up their children from school.

Consequences of Violating a Restraining Order

Restraining orders are often given out of anger but can result in weeks of inability to spend time with your family, use your bank account, or even stay at your home.  Violating a restraining order can result in a Class 1 misdemeanor, punishable by up to six months in jail and/or a fine up to $2,500 (plus an 84% surcharge).

It can be difficult to defend a restraining order violation, but many times the violations are unintentional, especially if the restraining order was initially brought out of anger.  In criminal cases, sometimes the “victim” invites you over for activities or to meet with them.  This counts as a violation even though the victim invited you over since the victim did not place the restraining order in a criminal case.  In this case, the victim must go to court and seek a withdrawal of the restraining order to ensure the defendant is not punished for this contact.  Many times, a defendant will be arrested by police if the couple gets into another argument and police are once again called.  If the notice of the restraining order is produced, the defendant will be arrested.  In these tricky situations, the skill of an experienced criminal defense attorney is crucial.

Dwane Cates | Phoenix, Arizona Restraining Order Violation Attorney

Restraining order violations may seem like simple enough cases, but they can easily become complex and can have longstanding consequences.  Do not hesitate to contact Phoenix restraining order violation attorney Dwane Cates as soon as possible after your violation so he can work to ensure no further consequences remain on your record or affect your future.  Restraining order violations can lead to serious penalties that can impact your future.

Please contact our offices today to speak with Dwane Cates about your options.


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