Restraining Order Attorney
If you have been accused of domestic violence, your accuser may be granted an order of protection with the help of a restraining order attorney, also known as an injunction. An Emergency Order of Protection (EOP) is intended to protect someone who is in “imminent and present” danger of domestic violence. It is issued by a judge or magistrate for a very short term—until the close of business on the day after it is issued— to provide enough time for the person requesting protection to try to obtain a permanent restraining order, which generally remains in effect for a year. It is a legal restraint used to prohibit a person from committing acts of domestic violence or contacting the individuals specified in the order. Other protective measures may be also be included, for example removing weapons from the home, granting the complaining party the exclusive use of the home, and forcing the alleged abuser to enroll in domestic violence treatment classes, among others.
Elements Required to Obtain an EOP
In order for a judge or magistrate to issue an order of protection, the person requesting protection must show:
- That domestic violence has occurred
- That a specific domestic relationship exists between the person requesting the order and the abuser
In Maricopa County, a person alleging to be a victim of domestic violence can request an EOP at any hour of the day or night.
Permanent Order of Protection
Once a person has received an emergency order of protection, he or she may return to the court the following day and request that it be made permanent, meaning it will remain in effect for 12 months after it is served on the party under restraint.
False Allegations of Domestic Violence to Obtain a Restraining Order
In too many cases, restraining orders are requested by a spouse who is preparing to file for divorce, or has already filed and hopes to use it as a means to obtain the sympathy of the court in order to obtain full custody of the children. In others, it is used to punish infidelity.
If someone has accused you of domestic violence and requested an order of protection, you should hire a criminal defense lawyer to advocate for you and to protect you from the long term legal consequences, interference with your family relationships, and damage to your good reputation that will invariably result if you are eventually convicted.
Violation of a Restraining Order
If you have had a restraining order issued against you and have been accused of violating it, you will also need a good lawyer. A conviction on a charge of Interfering with Judicial Proceedings could send you to jail for up to one year and cost you as much as $2,500 in fines.
Legal Representation for the Accused in Phoenix, Scottsdale, and the Surrounding Area
To obtain the services of a top-rated Arizona criminal defense attorney, call the law offices of Howard A. Snader, LLC. Howard is an Arizona Board Certified Criminal Law Specialist since 1995, who has earned the highest possible AVVO rating from his legal peers—a perfect 10 (superb). He has helped innumerable clients who have been accused of domestic violence or violation of an order of protection to retain their reputation and freedom and to avoid many of the other decidedly negative consequences that can come with a conviction on these charges. You need expert, specialized legal assistance, which you will find when you retain Howard Snader to represent you. The first consultation is free, and Howard will work with you to figure out a payment plan that you can afford.