Our attorneys are extremely good at having fraudulent or wrongfully obtained Orders of Protection nullified and thrown out of court. Do not delay in contacting a knowledgeable OOP attorney immediately if you’ve been served with an Order of Protection.
Orders of Protection, “Injunctions Against Harassment” are mandatory injunctive commands issued by a Court to protect a spouse from being harassed, harmed, or threatened by the other co-parent or spouse. The legal requirements for securing an order of protection will vary depending on the history of the two parties’ relationship. It is vital to contact an experienced attorney to assess and invoke your rights.
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Moshier Family Law is your Defense Against Fraudulent Orders of Protection
Sadly, OOP’s are often used by spouses as a divorce weapon. The partners will make up factual accusations of physical harm or domestic violence in an effort to have the other spouse removed from the martial home, have the children taken from them, and have the spouse court-ordered to not talk with or even see the “protected” spouse and/or children. OOPs are usually immediately preceded or followed by a divorce petitions by the other.
If you have been served with an OOP and locked out of the residence, forbidden from retrieving your personal property and barred from speaking or seeing your children-you need to act immediately. Contact our lawyers in Scottsdale, and to quickly assemble your defense.
At the time written notice of protest to the Court, we can have you in Court within 5 to 10 days for a full evidential hearing where we will not only seek to have the court void and nullify the wrongful injunction, clear your name and your reputation, and set the record straight. If you disregard or let an Order of Protection ‘stand’–you are likely to face serious negative effects in any coinciding divorce and are likely to highly reduce your custody rights.
If you’re receiving a fraudulent order of protection, contact us right away. If you are currently going through a legal situation as such, here are some answers to some of the more general questions you may have:
- What are the penalties of violating an order of protection in Scottsdale? If you ignored the order of protection, you can be charged with impeding Judicial Proceedings (ARS 13-2810) and can be found guilty of a Class 1 misdemeanor punishable by up to a year in jail in addition to fines up to $2,500. If your violation of the order also comprised of another offense (harassment) you can and will be charged with disobeying this offense as well.
- Can a restraining order be removed? Occasionally restraining orders are issued without serious examination and are seldom contested by the person served. This means that not all orders of protection are justified. If you think that a protective order has been falsley served to you, you can challenge and have the order thrown out by the judge.
- How will orders of protection affect my future? An OOP in Scottsdale will appear on a criminal background check, so anyone checking will know that there is a protective order on you. This could lead to considerable consequences, in addition to not being able to get a job or not failing an application to rent an apartment or house.
Don’t delay in getting in touch with an experienced order of protection attorney in Scottsdale if you’re contesting a wrongful order. Schedule a consultation with Moshier Family Law today.
How to File an Order of Protection in Scottsdale, Arizona?
The Scottsdale divorce attorneys at Moshier Family Law manage a lot of family law cases that involve an OOP. If a loved one or you need protection, it is vital that you get the help you need at once. Moshier Family Law can help you if you have been served with an OOP.
Frequently Asked Questions
Our legal team works with clients each week on cases handling protective orders. If you’re thinking about filing an OOP in Scottsdale, here are some questions you might have:
What is an Order of Protection?
An order of protection is a court order meant to prevent harassment or acts of domestic violence. A person who believes that they or a family member may become victims of domestic violence can submit a petition to any court for an order of protection being issued. The person you wish the order against had to of committed or threatened to commit an act of domestic violence inside of the last year. A child cannot be included in a protective order if the person whom you are seeking the order against is their parent, unless that person has carried out domestic violence against the child(ren). You will have to seek custody orders in a different action in Superior Court.
Who can I file an order of protection against?
An order of protection can be filed against someone that is:
- A person you lived with or live with now
- A spouse or former spouse
- A parent, grandparent, grandchild, child, sister or brother, parent-in-law, stepchild, step parent brother or sister-in-law, or someone you have a child together
Where do I file a petition for an order of protection?
A petition can be filed in your local courthouse. The petition should be filed in Superior Court if you are involved in an unresolved legal action related to divorce, legal separation, child support, paternity, visitation or custody and plan to file one of these in the next 30 days.
How do I file?
You are required to complete the paperwork provided to you by the court clerk. An order of protection can only be carried out against the person. Each person you want to file an order against will need a different petition. There is not a fee to file. After the paperwork is complete, you will be scheduled in front of a judge who will look over your petition and either award or deny your request.
What happens when the order is awarded?
If the judge awards the order, the clerk’s staff will fill out the paperwork for you. The defendant has to be served with the order prior to it becoming valid. Court staff will clarify how to schedule for service. There is not a fee for serving the other party. Once the order has been served, it will be in enforced for 12 months. It is essential to keep a copy of the OOP with you around-the-clock. If you have been served with an OOP, you can request a hearing, which will take place in 10 days or less. It is important you talk with lawyer before ever requesting a hearing to nullify an OOP.
- “Order of Protection Lawyer: Protective Orders in Scottsdale, AZ.” Canterbury Law Group, canterburylawgroup.com/family-law/orders-of-protection/.
- Protection Orders – Pinal County, http://www.pinalcountyaz.gov/Judicial/Justice/Pages/ProtectioinOrders.aspx.
- “Orders of Protection.” Orders of Protection | Sahuarita, AZ – Official Website, sahuaritaaz.gov/323/Orders-of-Protection.
Order of Protection Lawyers in Scottsdale
If you want to file an order of protection or if you have been served with an Order of Protection and are barred from your residence, forbidden from retrieving your personal property, and are barred from speaking or seeing your children, act fast. Contact our lawyers in Scottsdale to instantly mobilize your defense.
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Divorce and Family Law
When a case demands litigation, you’ll have the benefit of 19 years of litigation experience in California and Arizona. But when a case demands collaborative law, or mediation, you’ll know every option.
Moshier Law services all of Phoenix and Scottsdale, Arizona. Jennifer and her team of professionals seek to resolve Family Law cases efficiently with your goals in mind.
Jennifer Moshier, Scottsdale Divorce Lawyer