In Arizona, there are various types of protection orders, such as orders of protection, emergency orders, injunctions against harassment, and release orders. If you've had an order of protection issued against you after being charged with domestic assault or a similar offense, it's essential to follow its instructions carefully. These orders, often known as restraining orders, can limit your ability to visit your home or see family members. Sometimes, people violate these orders without meaning to. It's important to know that violating a protection order is a criminal offense, so staying mindful of the restrictions is crucial to avoid further legal trouble.
In Arizona, under A.R.S. section 13-3602, a victim of domestic violence can request an order of protection by submitting a verified petition to a judge. This legal action aims to prevent someone from committing further acts of domestic violence. For the violence to be considered "domestic," the accused must have a specific type of relationship with the victim. A “domestic” relationship could be with any of the following people:
If the victim cannot file for an order themselves, either temporarily or permanently, a third party can step in and request it on their behalf. A judge will then evaluate whether the third party is appropriate to make the request. Any court in Arizona can issue or enforce an order of protection. However, orders generally cannot be issued against individuals under 12 years old unless granted by the juvenile division of the superior court.
If you're accused of violating an order of protection, you could face criminal charges for interfering with judicial proceedings under Arizona law (A.R.S. section 13-2810). To be convicted, it must be proven that you knowingly disobeyed or resisted a lawful order, process, or other court directive. Violating an order can happen in different ways. For instance, if you're required to avoid contact with your girlfriend but instead break into her house to see her, that would be considered a violation. A domestic violence attorney can help evaluate whether the details of your case meet the legal criteria for the offense.
A violation of an order of protection is classified as a Class 1 misdemeanor. If convicted, you could face up to one year in jail and fines reaching $2,500. It's essential to understand that even if the person who requested the order initiates contact, you must still legally follow the court's restrictions. Violations can happen unintentionally, so being aware of your actions and surroundings is crucial.
Additionally, you could face additional charges if the violation involves committing another crime. For example, if you break into your girlfriend's home, threaten her with a weapon, and assault her. If, at the same time, an order of protection is active, you could be charged with aggravated assault (a felony) on top of the misdemeanor charge for violating the order.
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Violating an order of protection in Phoenix, Arizona, can lead to serious legal consequences, including jail time, fines, and a permanent mark on your record. Navigating these charges can feel overwhelming, especially when emotions run high, and the legal system feels confusing. Attorney Charity Clark understands the gravity of these situations and is committed to providing a strong defense to help you fight these charges. With over 12 years of experience in Arizona law, Charity's compassionate approach and thorough knowledge of the legal system can make all the difference in your case.
At Charity Clark Law, we prioritize your rights and work tirelessly to protect your future. If you've been charged with violating an order of protection, acting quickly and hiring an experienced attorney is critical. Charity Clark offers a personalized and strategic approach to every case, ensuring that your voice is heard and your defense is as strong as possible.
Attorney Charity Clark is based in Tempe but has worked all over the Phoenix metropolitan area and in many of Arizona's counties. For a free 30 minute consultation, contact our offices online or by phone today.
