Leather Law Office

ORDERS OF PROTECTION / MISDEMEANOR CHARGES – WATCH OUT!

One should not hesitate to apply for an Order of Protection or an Injunction Against Harassment, if the factual scenario is appropriate.  The Order of Protection statutes, set forth in A.R.S §13-3602  play a very important part with regard to keeping parties safe during tumultuous and acrimonious divorce proceedings, custody proceedings, etc.  See also the Arizona Rules of Protective Order Procedure.

However, it is becoming  part of a family law practice to encounter Orders of Protection and Injunctions Against Harassment that are being  used as custody orders, and used to deny one parent any parenting time or contact with one’s children.

If you are served with an Order of Protection that includes your children, you, of course, may request a hearing in an attempt to remove the children from the Order of Protection and you are entitled to that hearing within ten (10) days of requesting it.  A motion for temporary orders may also be filed in a dissolution or paternity matter, in order to get the matter before the judge assigned to your case.

In addition, if, for any reason, a misdemeanor criminal charge is filed against you for assault, domestic violence, etc., you must be aware of the fact that if you plead “No Contest” or “Guilty” or are found guilty by the Court, one of the terms of probation could be no contact with the opposing party, and the children, for the term of the probation (which could be years) pending further court order.  In addition, it has been this writer’s experience that the Maricopa County Superior Court judges will not modify a term of probation of a lower Court that prevents contact with the opposing party or the children, and will merely indicate what parenting time would be appropriate and then instruct the party to go back to the Municipal or City Court to try and get the term of probation modified., to allow the visitation or parenting time.

Contesting the Order of Protection or Injunction Prohibiting Harassment, and approaching the judge in a dissolution or paternity matter for hearings on temporary orders, or modification of temporary orders, and then possibly fighting a misdemeanor charge, just to see the children again, can cause financial havoc to a party’s finances.

In summary, and while one should not engage in any act that would or could be classified as domestic violence or assault, one should always be on the lookout for circumstances that could lead a party to make these kinds of allegations.  In addition, when facing an Order of Protection, an Injunction Against Harassment, or a misdemeanor charge(s), one should always be aware of the ramification of each separate type of proceeding on custody and parenting time orders when attempting to resolve the issues.

If you have been served with an Order of Protection or Injunction Against Harassment or have been charged with misdemeanor assault or domestic violence, and are currently in the mists of or are planning on filing for divorce, paternity, child custody, or custody and parenting time modification proceedings within the Maricopa County Superior Court, and would to discuss your situation and options you may contact our office for a free 30 minute consultation either by filling out the Free Initial Consultation section on this website or calling our office at 602-404-9733.

Posted on Friday, August 31st, 2012 at 8:29 am and is filed under Uncategorized.