Phoenix Domestic Violence Lawyer
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Restraining Orders

Phoenix Domestic Violence Attorney

Domestic violence restraining orders, also known as orders of protection and injunctions against harassment , are commonly used by the courts in Phoenix as well as across the state. Restraining orders are civil court orders that may be issued by a judge or magistrate after receiving statements that domestic violence has been committed against a victim. Unfortunately, these orders are sometimes used as swords against those accused of domestic violence crimes, rather than as shields to protect the alleged victims.

If you need legal assistance of any kind regarding a restraining order in or around Phoenix, you can turn to the Law Offices of Joshua S. Davidson, PLC. Mr. Davidson has has been in practice since 1998 and devotes his practice to criminal defense. He is a former prosecutor who has handled hundreds of felony and misdemeanor domestic violence cases which means he has thorough experience in this area of law. He can provide the knowledgeable and skilled legal help you need in seeking an optimum outcome for your situation.

What does a restraining order do?

An emergency or restraining order or order of protection can be sought through the courts after the occurrence of a domestic violence crime, such as an assault, intimidation, threat, harassment, stalking, endangerment, criminal trespass, custodial interference, or child abuse. An emergency restraining order is issued to provide immediate protection of anyone in danger of domestic violence and can be issued by the judge before allowing the accused individual to even be notified or have an opportunity to be heard in court. The restraining order will be valid for 12 months. The individual who is restricted by the order of protection has the right to request a hearing with the court and challenge the facts asserted by the protected party when the order was first obtained. It is important to keep in mind that the law only provides one opportunity to challenge the order of protection in court. It is therefore important to make sure that one is both adequately prepared and well represented before appearing in court for their one and only chance to have the order lifted.

Through a restraining order a judge can order the alleged abuser to cease any type of domestic violence behavior, to have no contact with the named victim as well as anyone else named in the order, bar the abuser from the victim's home, school, work, or other places, bar the abuser from their own home if shared with the victim, order the alleged abuser to turn in any guns to law enforcement and prohibit them from future possession of them, bar the abuser from having any contact with any family pet, and limit other aspects of their life. Moreover, the existence of an order of protection exposes the named individual to the possibility of having criminal charges being filed against them if the person who obtained the order alleges that it was somehow violated.

Enlist the Help of a Proven Legal Professional

Restraining orders can seriously impact the life of anyone named as an abuser by the courts, from affecting child custody to being removed from your home. If you wish to challenge such an order, contact the Phoenix domestic violence lawyer at the firm. You can schedule a free consultation to discuss your case and to move forward with an effective defense.

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Address: 11811 North Tatum Blvd, Suite 3031 Phoenix, Arizona 85028 Toll Free: (602) 814-0518