Order of Protection Attorney in Phoenix
Order of Protection
An Arizona order of protection is a court-ordered legal document that prohibits an individual from contacting the protected party. The order of protection is requested when one of the parties in a relationship, the petitioner/victim, has been physically and/or psychologically abused or threatened by the defendant/abuser. Orders of protection are designed to prevent future violence and harassment. You can get help with obtaining or challenging an order of protection by contacting Phoenix Family Law Attorney Cosmas Onyia, P.C.
Obtaining an Order of Protection
In Arizona, the party seeking an order of protection is required to have a specific relationship with the alleged abuser. This includes:
- Present or former spouse
- Present or former romantic or sexual relationship
- Parents of the same child
- Related by blood or court order to the abuser or abuser’s spouse
- Presently or formerly residing in the same household as the abuser
- Grandparent, child, grandchild, brother, sister, parent-in-law, grandparent-in-law
- Stepparent, step-grandparent, stepchild, step-grandchild, brother or sister-in-law
If you or your children were harmed, threatened, restrained, assaulted, or physically or sexually abused by one of the parties above, or if the abuser trespassed on your property or menacingly waved a deadly weapon at you, Attorney Cosmas Onyia, P.C., can help you pursue a protection order. Obtaining an order of protection is a first step toward ensuring your own safety.
Challenging an Order of Protection
An order of protection can be devastating for the alleged abuser. You will not be allowed to go home or come in contact with the victim, whether by phone, email, or third party messenger. The victim will be given exclusive physical custody of the children and you may be prohibited from visiting them without approved third-party supervision. If you violate the order, it may result in a misdemeanor or felony arrest.
You are allowed to challenge an order of protection only one time. Generally, the courts are extremely reluctant to remove the order of protection. For this reason it is essential to be prepared with an effective, well-crafted defense. You must be able to successfully overcome the reasons for the order with sound, convincing, highly persuasive evidence. If an order of protection was issued against you, it is advisable to seek the professional advice of a highly experienced Phoenix Family Law Attorney.
Phoenix Family Law Attorney
Attorney Cosmas Onyia, P.C., is a Phoenix Family Law Attorney with 20 years of experience. He provides compassionate legal counsel in the areas of divorce, legal separation, spousal maintenance, paternity/maternity issues, child custody and support, parenting time, grand-parent’s rights, division of property and debts and more. Attorney Cosmas offers a complimentary consultation to discuss your case and review potential options. To schedule your no-cost case review or for additional information call 602-265-5200.