Defending You against an Order of Protection
We can fight for your rights when an order of protection is issued against you.
Order of Protection — A Hybrid Between Criminal Law and Family Law
Orders of protection involve the intersection of family law and criminal law. In many ways defending against an order of protection or an injunction against harassment is more like a criminal case than it is a family law matter. Consequently, many experienced family law attorneys are uncomfortable attacking an order of protection. Other family law attorneys simply will not handle clients' defense against an order of protection, and allow or even direct their clients to go it alone at their hearing to challenge the order of protection. This is a big mistake.
Presumption in Favor of Keeping Order in Effect. Courts will generally keep orders of protection in place unless the challenger presents an overwhelming amount of evidence to discredit the petitioner. Judges generally feel that it is just plain safer and easier to leave the order in effect. After all, if the order of protection is kept in place, the most they risk is the accused's frustration. If they remove it, they may open the door to violence.
Attacking an Order of Protection. Under the rules you are only entitled to challenge an order of protection one time. If you lose, you can't go back for a second "bite at the apple." Because of this, it is important that you don't waste your one chance to attack the order. All of our attorneys have a vast amount of experience with both criminal law and family law cases. Because of this experience in both criminal and family law, we can mount a strong and often successful attack against the order.
If you have been served with an order of protection, we can help. The attorney team at the Phoenix, Arizona, family law firm of Burns, Nickerson & Taylor is committed to protecting you from the adverse effects of orders of protection.
Do Not Face Your Hearing to Contest Orders of Protection Alone. We Can Help.
Order of Protection and Your Divorce or Custody Proceeding. Your hearing may be a brief part of your divorce process, but the consequences can be large. An order of protection can lead to:
- Denial of the right to enter your home and visit your children
- Loss of child custody and/or parenting time with your children
- Restriction of your parenting time to only supervised visitation
- Loss of your ability to obtain joint custody from the court in your divorce
Without question, an order of protection can cause real and far-reaching problems during a divorce. For instance, it is difficult for a party to obtain exclusive rights to a home during a divorce. However, if one spouse obtains an order for protection, exclusive use of the home may be gained automatically and at little cost.
We can work closely with you to learn what really happened during the instance of alleged domestic violence. We can present a prepared and persuasive argument at your hearing as to why the order should be overturned.
In a recent case, our client lost custody of his child after three years due to allegations of child abuse. In his first hearing, he represented himself and challenged the order. Not surprisingly, he lost. We took the case, investigated the fabricated charges and had custody restored to our client and the order of protection dismissed.
Contact Us
If you have questions regarding orders of protection, injunctions against harassment, restraining orders or preliminary injunctions, contact our firm. We charge reasonable rates, accept Visa and MasterCard, are available for weekend and evening appointments under special circumstances, and are conveniently located in midtown Phoenix. To contact a lawyer, call 602-264-5555 or, in case of emergency, 602-320-1828.
