Order of Protection Violations
There are different types of protection orders: orders of protection, emergency orders of protection, injunctions against harassment, and registered release orders. If an order of protection has been obtained against you following a charge of domestic assault or a related crime, you will need to follow what it says. An order of protection is a restraining order, and it can restrict you from seeing your family or going into your home. Sometimes people violate orders of protection without intending to do so. You should be aware that an order of protection violation is a crime. If you are charged with an offense of this nature, you can consult knowledgeable Phoenix domestic violence attorney James E. Novak.How is an Order of Protection Obtained?
Under Arizona Revised Statutes (A.R.S.) section 13-3602, a victim of domestic violence can obtain an order of protection by filing a verified petition with a judge for the purposes of getting a legal restraint to keep someone from perpetrating an act of domestic violence. As someone accused of perpetrating domestic violence, you would need to have a certain type of relationship with the victim in order for the alleged violence to count as domestic violence. The relationship must be a domestic one. This means that the victim can be your spouse or former spouse, civil partner, friend, acquaintance, grandparent, stepparent or stepchild, sibling, in-law, or someone you’re dating.
If a victim is either temporarily or permanently incapable of asking for an order, a third party can ask on his behalf. A judicial officer will need to decide whether the third party is an appropriate requesting party for the plaintiff. Any Arizona court may issue or enforce the order of protection. Generally, an order of protection won’t be granted against someone who’s less than twelve years old except where the order is granted by the juvenile division of the superior court.Order of Protection Violations
If you’re accused of violating an order of protection, you may face criminal charges for interfering with judicial proceedings under A.R.S. section 13-2810. You can be convicted under section 13-2810 if it can be shown that you: (1) knowingly (2) disobeyed or resisted a lawful order, process, or other court mandate. An order of protection can be violated in different ways. If, for example, you are required to stay away from your girlfriend under the order of protection, and instead you break into her house to see her, you could be charged with violating an order of protection. A domestic violence lawyer can assess whether the facts in your case may fulfill the elements of the alleged offense.
Violating an order of protection is a Class 1 misdemeanor. If you are convicted, you can face up to a year in jail and fines of up to $2500. It is important to realize that you could be the one arrested even if the victim initiated contact with you; you need to abide by the order issued by the court regardless of what the victim wants. You can inadvertently violate an order of protection, so it’s important to pay attention to your surroundings.
If an order of protection violation amounts to another crime, you may face charges for that crime in addition to charges for violating the order. For example, if you broke into your girlfriend’s house, held her up at gunpoint and beat her up while an order of protection was in place, you could face aggravated assault charges, which are felony charges, in addition to the misdemeanor order of protection violation charge.Consult a Seasoned Criminal Defense Attorney
If you are restrained by an order of protection, you should take it very seriously. If you are charged with an order of protection violation, you may be facing harsh penalties. However, there may be a defense that applies in your case, and you can discuss your situation with a seasoned domestic violence lawyer. Mr. Novak defends clients who are facing charges for order of protection violations in the Phoenix area, including in Gilbert, Chandler, Mesa, and across Maricopa County. Call him at (480) 413-1499 or contact us via our online form.