Hearings to Appeal or Challenge Order of Protection
Phoenix Order of Protection Contest Lawyers
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 of Criminal Law and Family Law
Orders of protection can be a combination 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. Because of this, 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 tell their clients to go it alone at their hearing to challenge the order of protection. This is a big mistake.
Challenge or Appeal an Order of Protection.
If an Order of Protection has been issued against you, you have a right to challenge the order in one of two ways.. There are two types of “appeals” with an order of protection.
- Hearing to Challenge the Order. If you feel the order should not have been issued, you can challenge or contest it by requesting a hearing. At the hearing, a judge will hear the facts and apply the law before making his ruling. At this hearing the presence of a skilled trial attorney is invaluable.
- An appeal is made after you have had a hearing and the judge ruled against you. Sometimes judges make mistakes. An appeal is a challenge of the court’s ruling at the hearing.
Challenge or Appeal an Injunction Against Harassment.
There are two types of “appeals” with an injunction against harassment.
- Hearing to Challenge the Order. If you feel the injunction should not have been issued, you can request a hearing. The presence of a skilled trial attorney who knows what a judge is looking for is the difference between victory or defeat.
- Again, an appeal is made after you have had a hearing and the judge has ruled. Judges are not perfect. Sometimes they make mistakes. An appeal is a legal challenge of the court’s ruling at the hearing.
Injunctions against harassment often arise with:
- A former boyfriend/girlfriend
- A neighbor
- Work-related dispute
These orders not only create a level of discomfort, but they can place the recipient in a weaker position and at risk for a violation of the order, even if a claim is falsely being made.
Presumption in Favor of Keeping Order in Effect. Courts will generally keep orders of protection in place unless the challenger presents significant evidence to discredit the petitioner. Judges generally feel that it is just plain safer to leave the order in effect. After all, if the order of protection is kept in place, the most they risk is the Defendant being frustrated. If the court removes the order, , and violence occurs, the court likely will be the target of ridicule
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.
Challenging your Order of Protection? Don’t face it Alone. We Can Help.
Order of Protection and Your Divorce or Custody Case. 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 will work closely with you to learn what really happened during the instance of alleged domestic violence. We will present a prepared argument designed to persuade the judge as to why the order should be overturned.
In a recent case, before coming to us, 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.
Defending a Protective Order that is Being Challenged.
Quite often an order of protection or order against harassment is challenged. It is wise to consider retaining counsel should this occur. The attorneys at Burns, Nickerson and Taylor, PLC are trained in the law and experienced in this area. They can help formulate the best presentation of your case as well as how to fend off any challenge. Often the challenging party is represented by counsel or might otherwise intimidate a party. The best chance for success necessitates having competent counsel.
Contact Us
If you have questions regarding orders of protection, injunctions against harassment, restraining orders or preliminary injunctions, contact our firm. We offer a free initial consultation on protective order cases. We charge reasonable rates, accept Visa, MasterCard, Discover, and American Express, 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.