If you have a restraining order against you in Arizona, you must abide by its terms – whether or not you agree with it, and regardless of if it’s fair. This can be especially difficult for people in challenging family situations who are subject to orders of protection that keep them away from their families, familiar routines and homes. People often run into trouble with violations of protective orders that were unfairly obtained against them, and many violate these orders without meaning to.
In Arizona, there are four types of protective orders. These include:
Orders of protection
Emergency orders of protection
Injunctions against harassment
Registered release orders
While orders of protection are often filed in domestic violence cases, they can become criminal matters when violations occur. In violation cases, the alleged victim can be a spouse, former spouse, roommate, girlfriend or boyfriend, parent to your child, or another relative.
At Suzuki Law Offices, we know that each case is unique. If you have been accused of violating an order of protection, we encourage you seek representation from an experienced criminal defense lawyer in Phoenix.
Committed to providing exceptional legal service to each and every client through integrity, compassion and experience.
Get StartedWays That You Can Violate a Restraining Order
A protective order will include terms and specific rules that you must abide by, depending on the type of protection or relief that was requested.
There are many ways that you can violate an order, such as:
Contacting the victim by phone, text, email, or social media
Coming in close proximity to the victim
Showing up at a workplace or school
Not paying bills or child support if ordered to do so
Possessing or purchasing a firearm
Not moving out of the shared home of the victim
Not following child visitation rules
Phoenix Restraining Order Violation Defense Lawyer Near Me 602-682-5270
Penalties for Violating a Restraining Order in Arizona
According to A.R.S. §13-3602, a violation or injunction against harassment is a serious offense.
Under Arizona law, violators are often charged with interfering with judicial proceedings which is punishable by:
A class 1 misdemeanor
Six months of jail time
Up to $2,500 in files plus an 84% surcharge
If you have been arrested for a restraining order violation in Arizona, it is critical to speak with a defense attorney who can protect your rights. Arizona law takes these violations seriously. You could be facing hard time in jail and steep fines. You need a lawyer who will take your case seriously as well, protecting your rights and your freedom.
Contact Suzuki Law Offices for an Aggressive Defense
At Suzuki Law Offices, we do everything in our power to reduce the consequences of an order of protection violation. Our Phoenix criminal lawyers can work with you to help you get back to living your life and guide you so that you fully comply with court orders. As a former state and federal prosecutor, Attorney Richard Suzuki has the level of experience you want on your side.
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Potential Defenses to a Restraining Order Violation Charge
Depending on your situation, there could be a variety of defenses available to argue that you did not violate the restraining order. Some examples of defenses include:
Your charges could stem from a false claim made by the alleged victim
The alleged victim made attempts to contact you or show up where they knew you would be so that you would violate the order
You were not aware of the protective order
You violated the order by mistake
What If the Victim and I Are Reconciling Our Relationship?
If you are invited to violate an order by meeting with the party who has filed the restraining order, it still counts as a violation. So even if a couple mends their relationship and gets back together, the restrained party can still be arrested for a violation if the order is not lifted.
Regardless of the reason, if you were arrested for any such violation, it is critical that you seek help from an experienced criminal defense lawyer. By working with local or state prosecutors, your attorney may be able to resolve the situation without formal charges being filed.
What Should I Do If I’ve Been Arrested for a Restraining Order Violation?
Since a restraining order violation can result in serious penalties, it is vital to seek strong legal defense as quickly as possible. Many cases of restraining order violations result in a simple error or misunderstanding. If this is the case, you will still need an experienced criminal defense attorney to help you resolve the situation without formal charges being filed.