Violation of a Restraining Order or Order of Protection in Arizona

Violating a restraining order in the state of Arizona is a serious charge that comes with serious repercussions, including fines, potential jail time, and even criminal charges. But before we discuss exactly what happens if you do violate an order of protection in Arizona, let’s first talk a little bit about what they are, what the implications are, and why you may have been ordered to stay away from a specific person or other entity in the state of Arizona.

 


What Exactly is a Restraining Order or Order of Protection in Arizona?

The state of Arizona defines a restraining order as an order of protection, offering protection from one individual to another against any potential acts of abuse of any kind, harassment, or other violations of the protection order holder’s rights and freedom of movement. Orders of protection are served to those defendants who the criminal court has decided could be a danger to the holder of the order of protection, and this could be simply based on that person’s fear of you or what you may do if the two of you come into contact.

Orders of protection can be served both to those who know one another well as well as to those who are strangers or virtual strangers to one another based upon the circumstances of the record of potential harassment. In Arizona, you can be served with an order of protection, an emergency order of protection, an injunction against harassment, or an injunction against workplace harassment — which one you are served with will depend on the circumstances surrounding the reasons for the order in the first place.


Who Can Have an Order of Protection Filed Against Them in Arizona?

This is an important question with a variety of disparate answers. In the state of Arizona, an order of protection can be served to any of the following people:

  • A current or former husband or wife (spouse or ex-spouse)
  • A person with whom you have lived, shared a household, been roommates, or cohabitated as an unmarried couple
  • Any person with whom you have had or currently have a romantic and/or sexual relationship as defined by Arizona law
  • A person who impregnated another person, or with whom you have a child or children in common
  • Any relative of any kind, including the relatives of a current or former husband or wife (spouse or ex-spouse’s relatives), including your own parents, grandparents, in-laws of any kind, or siblings and step-siblings


Grounds for an Order of Protection in Arizona

An order of protection can be issued in Arizona based on any of the following activities:

  • Assault or aggravated assault
  • Harassment or aggravated harassment
  • Domestic violence or aggravated domestic violence
  • Abuse of a child or a vulnerable adult
  • Criminal Damage(s)
  • First, Second, and/or Third Degree criminal trespassing
  • Any crimes against a minor(s)
  • Kidnapping
  • Stalking
  • Custodial interference
  • Endangerment of any person(s)
  • Disorderly conduct
  • Threatening and intimidating
  • Surreptitious videotaping of any person(s) or other entities

Violating restraining order in Arizona consequences


I Have Violated My Arizona Order of Protection — Now What?

If you have violated the terms of your Arizona restraining order or order of protection anywhere within the state of Arizona, you may likely be charged with a restraining order violation. In essence, this means that the holder of the order of protection, known as the complainant, can then file a lawsuit against you as being in violation of the terms of the order of protection. That means that not only will the restraining order show up in your background checks, but so, too, will any violations of the terms of such orders.

A violation of an order of protection in Arizona is deemed a class 1 misdemeanor, but that may not stop the criminal court system from physically restraining you by way of detaining you, pending any judge’s or court’s final decisions based on the unique circumstances of your particular case.

If convicted of a violation of an order of protection in the state of Arizona, you could spend as much as 6 months in jail and pay fines and fees to the court up to a maximum of $2,500, along with a surcharge of 84%.


Fighting Order of Protection Violation Charges in Arizona

Your best bet is to try to seek the dismissal or perhaps even modification(s) to the order of protection against you, which criminal defense attorney Arja Shah can help you do. To get started with building your unique defense based on the circumstances surrounding your potential violation, give Arja Shah a call today at 602-560-7408. We’ll begin with your no-cost legal consultation and stay by your side until the fight for justice in your case is won.

we are here to help

Fill out the form below, or call us directly at (602) 560-7408 to schedule your free, one-on-one consultation. There is no obligation and all consultations are strictly confidential.

WHAT OUR CLIENTs SAY

“I was totally impressed and grateful for the expertise and successful case Arja handled for me. She answered my calls immediately and saved me a lot of professional and personal heartache. Arja did a great job refuting the State’s evidence and convinced the Prosecutor that my chewing tobacco was a major issue in the case that the officer did not check.”

Arja Shah Law Firm Reviews
Thomas - Super Extreme DUI
Argued Police Stop Protocols and Reduced to a Fine

“Arja represented me for a DUI case in Scottsdale. I met with her immediately after being charged and she very quickly was able to speak to the prosecutor and get my charges reduced after my initial hearings. She was attentive and easy to talk to. She gets results.”

Arja Shah Law Firm Reviews
Jason - Scottsdale DUI
Felony Charges Reduced to Reckless Driving

“Arja was extremely knowledgeable and kept us up to date on the entire case. I would hire her and recommend her to anyone- although I hope I never need her help again! But if a problem arises I would be sure to call her!!”

Arja Shah Law Firm Reviews
Maggie - Mesa Super Extreme DUI
Super Extreme DUI Reduced to First Time Regular DUI

“Ms. Shah got my charges completely dismissed. She worked hard, was thorough, and took care of all the details. Seriously, hire her. It’s a complete piece of mind.”

Arja Shah Law Firm Reviews
R. Aguilera - Attempted Murder
Attempted Murder Charges DISMISSED

“During my recent DUI case and time spent working with Arja Shah, I can say I had an absolute positive Experience. She was there to represent me and handle my questions and concerns with ease. Thank you.”

Arja Shah Law Firm Reviews
Michael - Phoenix DUI Arrest
Felony DUI Charge Reduced to a Fine

“I endorse this lawyer. She is knowledgeable as well as up-to-date on the latest case law. She is one of the very few attorneys I would recommend to family or friends.”

Arja Shah Law Firm Reviews
Michael Pittman (Attorney Peer)

“First, Arja is a superb and energetic attorney who is always willing to listen and help out in client cases. Second, she works hard for your case to minimize or eliminate penalties for the charges you are facing. She has a good analytical mind and presents your case successfully. Third, she is approachable even outside work hours if the situation calls for it. Always punctual for meetings. Lastly, she is an affordable attorney in comparison to some big-name law firms where personalized and flexible service is almost impossible. The above review is based on my experience derived from her working on my case.”

Arja Shah Law Firm Reviews
T. McCarty- Extreme DUI Charge Possible 30 Days Jail
Reduced to Reckless Driving and a Fine

“Attorney Arja Shah took the time to compile letters from family members and show the Prosecutor that they lacked evidence to move forward with my case. Arja did what she said she would do and was there to help me. Outstanding Attorney.”

Arja Shah Law Firm Reviews
Andrea- Disorderly Conduct and Domestic Violence
Charged Dismissed
Call Now ButtonClick Here to Call Now