When you seek an order of protection, you must go before a judge in Arizona. If the order of protection is granted, it will require someone who is threatening or abusing you to stop the behavior. Victims of domestic violence can get an order of protection at any time, with credible claims of abuse; however, the person who is accused of the abusive behavior can challenge the allegations being made.
It is important to understand the process of getting an order of protection, including what happens at a civil protection order hearing. A Scottsdale domestic violence lawyer at Singer Pistiner, P.C. can provide you with assistance in understanding how to get an order of protection. Our attorneys can also be there to argue on your behalf in case the abuser challenges the claims you are making and seeks to have the protection order overturned and invalidated.
What Happens at a Civil Protection Order Hearing?
If you require a civil protection order because you are the victim of domestic violence, the best and easiest way to obtain one is to go to the Protective Order Center at a Maricopa County Superior Court. The Protective Order Center is specifically set up to make it easier for people to complete all necessary forms and paperwork. There are several different Protective Order Centers, with the locations available on the court website.
When you visit a Protective Order Center, you’ll complete the required forms. After the forms and paperwork are done, you will go before a judge. The information that you provide in the paperwork and when you come before the judge must present reasonable, credible proof that you are actually the victim of abusive or threatening behavior by an intimate partner or close family member.
The judge may ask you questions about the information you have provided, including asking about specific allegations of abuse that you have made. Provided there is a reasonable basis to believe abuse is occurring, the judge should issue an order of protection. The abuser will be notified, and restrictions will take effect preventing the abuser from coming close to you or continuing the pattern of abusive and destructive behavior.
The person who has been accused of the abuse will have one year from the date of being served with the protection order to challenge the order and to argue against the allegations that you made. If the alleged abuser requests a hearing, you will need to attend. The alleged abuser will also be present at the hearing.
Both you and the person who you accused of abuse will get the chance to make arguments to the judge about why the order of protection is, or is not, appropriate. If the alleged abuser is able to undermine the judge’s belief in the allegations that you have made and is abel to successful discredit the claims of abuse suggesting a need for a protection order, the judge may overturn or invalidate the original order. The alleged abuser would thus no longer be required to follow the terms of the order and stay away from you or your family home.
A Scottsdale, AZ domestic violence lawyer knows how frightening the process of seeking a domestic abuse protection order can be. Call Singer Pistiner, P.C. today so a compassionate, caring, and knowledgeable legal advocate can begin the process of fighting for your right to use the legal system to help you stay free of abuse.