Secondary Consequences Of A Protective Order

There are many types of criminal conduct that can result in a protective order against the defendant. An example of a criminal classification highly relevant to protective orders is domestic violence. If a defendant is convicted of this type of crime, it is likely that a restraining order will also be put into place to protect the victim. This can restrict the defendant in numerous ways for a year or more. Arizona has two types of protective orders: injunctions against harassment and orders of protection. Orders of protection are meant for when the parties share a home or familial relationship, while injunctions against harassment are meant for anyone else. If you’ve been named as the defendant in a protective order matter, it could negatively affect your work, custody situation, and more. Discuss your situation with an experienced Arizona family legal professional today by scheduling your free consultation with our firm at 480-680-9126. 

Removal From The Home

If the plaintiff and defendant in an order of protection situation live together, there’s a chance the judge will require the defendant to move out of their shared home for the duration of the protective order. This has a multi-level effect on a defendant forced out of a shared residence. It can be difficult to hide the fact that one has been forced out of their home from friends, family, coworkers, etc. The defendant may still be financially liable for expenses for a household of which they are no longer a member. The defendant will only have one opportunity to return to the shared residence and retrieve their belongings, all under the supervision of a police officer. The defendant can only return to the home during the order if the plaintiff moves out. Here, the defendant should be aware that they are entitled to a faster hearing on the protective order due to their removal from the home. Typically, in Arizona, a protective order must be held within 10 days of the defendant’s request. But if the plaintiff has been granted exclusive use of the home, the hearing must be held within 5 days of the defendant’s request. 

Impact On a Family Law Case

An active protective order can complicate a child custody case in Arizona. Proof of a criminal conviction could be a factor used by the judge when considering whether or not awarding a defendant custody of their child is in the child’s best interest. In Arizona, there are two types of custody at issue in child custody cases. Legal decision-making is often informally called legal custody, and represents a parent’s right to make decisions about their child’s life. Physical custody is also known as parenting time under Arizona law. A judge can deny a parent physical and/or legal custody due to a protective order and any criminal convictions associated with that order. Despite how valuable the parent-child relationship is, the judge can restrict it if they believe the child would be in danger. 

If a child is listed in a protective order, the defendant will not be able to have any type of relationship with the child for the duration of the order. An order of protection typically bars the defendant from contact in person, over the phone, and online. Violating the order and contacting the child anyway could be considered the commission of an additional crime. The judge might not take it this far and order visitation, supervised or unsupervised, instead. Visitation differs from regular sole or joint custody because the time spent together is more temporary in nature. At the end of the visit, the child goes home to their custodial parent or guardian. If a defendant has been convicted of an act of domestic violence, they may be able to succeed in a claim for supervised visitation if the child is not named in the protective order. 

With supervised visitation, a third party is present with parent and child to make sure the visit is safe and appropriate. The third party who supervises might be a trusted family member, or it could be a third party who is paid for their services. Custody orders should specify where supervised visitation should be held and who will provide the supervision. That person could be called upon for future custody hearings to update the judge on how visitation has been going. 

If you share custody of your child with an ex and have received notice that someone has filed a restraining order against you, you should move quickly to mitigate any impact it may have on your custody situation. Our firm offers fast and convenient consultations by phone so you can discuss your case with an experienced Arizona defense attorney with no risk or obligation. Schedule your free consultation today at  480-680-9126 to learn more. 

What If I Work With The Plaintiff?

If you work with the person who has filed for a restraining order against you, it can be highly detrimental to your career. It might be entirely possible for you to continue at your place of work if you have to maintain a certain physical radius from the plaintiff in the protective order. In some cases, your boss may make you remote or significantly adjust your schedule or duties to avoid the plaintiff. But this can be a trying accommodation that an employer is not required to make. Many defendants in protective orders lose their jobs, regardless of whether or not they work with the other party in the order. This is an example of why it’s so important to have a lawyer fighting for your rights if someone has requested an order of protection or injunction against harassment against you. Your lawyer can fight to quash the order, or limit its terms so it interrupts your career as little as possible. Are you seeking legal counsel from an experienced and aggressive attorney who is passionate about delivering our clients positive results from negative situations? Schedule your free consultation by calling  480-680-9126 to get started. 

Violating The Order

A defendant who has a restraining order against them is always at risk of being accused of a crime for conduct that would not be considered criminal behavior for anyone else. Simply being within a certain radius becomes a crime when a valid protective order is in effect. The defendant can also get in serious trouble if they are caught buying or possessing a firearm in violation of a protective order. In Arizona, violating a protective order is a class 1 misdemeanor punishable by fines of up to $2,500 and up to 6 months in jail. If you have been accused of violating a protective order in Arizona, you should take swift action in your own defense. Schedule your free consultation with an experienced member of our criminal defense team today by calling  480-680-9126. 

Protect Your Interests With a Qualified Legal Defender

Whether or not you are convicted of a crime, having a protective order against you can affect your entire way of life. Your living situation, time with your child, and even your livelihood could be at risk. This all comes in addition to any criminal penalties if you have also been charged with a crime. Hiring a criminal defender can be costly, but it is ultimately the best investment you can make in yourself under these circumstances. Our Arizona family lawyers offer competitive rates to match our competitive service. We are passionate about helping our clients come out the other side of these types of experiences in life. Schedule your free consultation by phone today at  480-680-9126 to get started.