How To Contest an Order of Protection in Arizona: A Comprehensive Guide by Chelle Law
Have you been served with an Order of Protection in Arizona and feel it’s unjust? Chelle Law, a leading criminal defense law firm in Scottsdale, Arizona, is here to help you understand your rights and guide you through the process of contesting the order. In this comprehensive guide, we will discuss the essential steps you need to take to protect your rights and have the order dismissed or modified.
Understanding Orders of Protection in Arizona
An Order of Protection is a legal document issued by a judge to protect a person from domestic violence or harassment by a family member or someone with whom they have a close relationship. In Arizona, these orders are governed by Arizona Revised Statutes § 13-3602. The purpose of an Order of Protection is to prevent further harm or abuse; however, it can sometimes be misused, leading to the need for contestation.
Grounds for Contesting an Order of Protection
You can contest an Order of Protection in Arizona if you believe it was issued based on false allegations, improper service, or if the petitioner does not meet the relationship requirements. Additionally, you can contest if the order itself contains errors or if you believe the judge did not have proper jurisdiction.
How to Request a Hearing to Contest the Order
If you wish to contest an Order of Protection, you must first request a hearing. You have the right to request a hearing within five business days of being served with the order. To do so, visit the court that issued the order and fill out a “Request for Hearing” form. The court will then schedule a hearing within 10 business days.
Preparing for the Hearing
Before the hearing, gather all relevant evidence and documentation to support your case. This may include:
- Witness statements
- Police reports
- Medical records
- Photos or videos
- Communication records (e.g., text messages, emails, voicemails)
You should also consider consulting with an experienced criminal defense attorney, such as Chelle Law, to help you prepare and present your case effectively.
During the hearing, both you and the petitioner will have the opportunity to present your case before a judge. You will be allowed to present evidence, call witnesses, and cross-examine the petitioner’s witnesses. Having legal representation during this process can significantly increase your chances of success.
Possible Outcomes of the Hearing
After hearing both sides, the judge may:
- Dismiss the Order of Protection
- Modify the Order of Protection (e.g., change the terms or duration)
- Uphold the Order of Protection as is
If you are not satisfied with the outcome of the hearing, you may file an appeal. In Arizona, you must file a “Notice of Appeal” within 14 calendar days of the hearing. The appeals process can be complex, and it is highly recommended to consult with a knowledgeable attorney to assist you in navigating the process.
Contesting an Order of Protection in Arizona can be a challenging process, but understanding your rights and taking the appropriate steps can increase your chances of success. In Scottsdale, Chelle Law is known for its skillful criminal defense representation for individuals accused of a crime.