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What Proof Is Needed For A Restraining Order?
October 18, 2024

What Proof Is Needed For A Restraining Order?

There are different standards of proof to get a restraining order in Arizona. The amount and type of proof depend on the type of restraining order and case. If you are seeking a restraining order, or fighting against one, you should understand the proof needed to obtain a restraining order.

Types Of Restraining Orders In Arizona

In Arizona, restraining orders are commonly referred to as protective orders. Restraining orders are most common in domestic violence cases, but they can be ordered in other types of cases as well.  There are five different types of protective orders: Each protective order serves a different purpose, and you must seek the right one for your case.

Helpful Evidence And Proof To Get A Restraining Order

The burden of proof for a restraining order is by a preponderance of the evidence. The petitioner must provide enough evidence to convince a judge that their claim is more likely true than not. To meet this burden of proof, they must provide evidence. Common pieces of evidence in a restraining order case are:
  • Witness testimony
  • Photographs
  • Video footage 
  • Medical records
  • Police reports 
  • Text messages or emails 
  • Phone records 
Unlike in a criminal case, there are fewer rules of evidence in a protective order hearing. Restraining order cases are civil cases, and, therefore, more evidence is allowed. That means that certain records and documents may be admissible even if they wouldn’t be allowed in criminal court.  This can get messy because many people seek a restraining order against someone who is also facing criminal charges. Just because evidence is admissible in the protective order hearing doesn’t mean it will be admissible to prove guilt in criminal court.

Process To Get A Restraining Order In Arizona

If you need to request a restraining order in Arizona, you should speak with an attorney for advice. They can help you through the filing and hearing process so that you have the best chance of obtaining a restraining order. The first step is to file the appropriate paperwork with the court. In some courts, you can file this paperwork online through a secure portal. You should include the names of all parties, contact information, and the reason that you are seeking a restraining order. After filing, you will have a hearing before a judge. The first hearing is usually ex parte, meaning without the defendant present. You will explain the basis for your request to the judge, and they may ask you questions. The judge will decide whether or not to issue a restraining order. After the order is issued, it will be served on the respondent. The respondent needs actual notice of the protective order's existence; otherwise, it is not valid. After getting served, the defendant can request a formal hearing in front of the judge.  At this hearing, the respondent can present their side of the story. The petitioner can also produce evidence as well. Both sides usually have attorneys, though it is not required. The judge will decide whether or not to issue the protective order after hearing all of the evidence.

Defending Against A Restraining Order

If you have received notice of a restraining order issued against you, a Tucson criminal defense attorney can help you fight against it.  A restraining order can significantly affect your life. It may severely limit where you can live, work, and who you can see. If the restraining order is issued in a domestic violence case, you may be unable to visit your family or live in your own home. You should always demand a hearing and hold the petitioner to their burden of proof.

Contact an Experienced Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help

For more information, contact the Tucson criminal defense attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation. Katsarelis Law Criminal Defense Attorneys 177 N Church Ave # 900, Tucson, AZ 85701 (520) 510-0439
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