Being served with a restraining order in Tucson, Arizona, can often leave you with more questions than answers. These orders are serious matters, and they can severely limit your freedoms. Thankfully, you may still have an opportunity to defend yourself.
Clients in Tucson know they can trust Katsarelis Law Criminal Defense Attorneys with all their criminal matters, including restraining orders, assault, drug crimes, and more. If you have been served with a restraining order, contact us today for help at (520) 510-0439. Schedule a free case evaluation with one of our Tucson restraining order lawyers, and let us help you.
How Katsarelis Law Criminal Defense Attorneys Can Help With a Restraining Order in Tucson, AZ
If you have been served with a restraining order in Tuscon, AZ, we understand that you may be confused and frustrated. Some Arizona restraining orders are much more restrictive than others. We can help you explore all your legal options.
Our experienced team of criminal defense attorneys in Tucson has over 45 years of combined experience protecting the rights of the accused. We can help you explore all your legal options and put together a defense strategy tailored to your situation.
In some cases, you may be able to get the order dropped altogether. In other situations, you might be able to prevent it from taking effect permanently. The team at Katsarelis Law Criminal Defense Attorneys knows what it takes to defend you against Arizona restraining orders.
We can help you by:
- Advising you of all your legal rights and options
- Examining the details of the restraining order against you to begin putting together a defense
- Uncovering evidence that may dispute the alleged facts in the order
- Answering all your questions and keeping you informed every step of the way
- Fighting diligently to prevent the order from taking effect or to have it modified in your favor
- Going to court and working to protect your rights in additional proceedings
If you are hit with a restraining order, you do not have to go through this situation alone. Let us help you fight back against the accusations. Contact us today to speak with a Tucson restraining order lawyer who is ready to help.
Overview of Restraining Orders in Arizona
Generally, a restraining order is meant to protect one individual from another. A restraining order may limit the defendant, or restrained person, from contacting or getting physically near the plaintiff, or protected person. There are a few different types of restraining orders in Arizona.
Some Arizona restraining orders are much more restrictive than others. Some limit the distance that one individual must keep from another. Others prohibit any contact, such as through email, phone calls, or text messages. Additionally, some restraining orders are permanent, while others are only temporary.
The types of restraining orders that may be issued in Arizona are:
- Order of Protection
- Emergency Order of Protection
- Release Order
- Injunction Against Harassment
- Injunction Against Workplace Harassment
A person may file for an order of protection at any police department, courthouse, or sheriff’s office.
Order of Protection
An order of protection serves to protect victims of domestic violence. These orders may be issued by a judge on the same day they are requested. A judge can issue an order of protection without a hearing and without the accused being present.
The judge will consider a victim’s petition and all the evidence presented to support the claim. The order should be issued if the judge finds that there is reasonable cause to believe the accused may commit domestic violence or has committed domestic violence within the past year.
The accused may request a hearing to defend themselves and fight against the order. An order of protection is effective for two years after being served on the restrained person.
Emergency Order of Protection
An emergency order of protection can be used to protect a person from a threat of immediate harm or danger due to domestic violence. A local law enforcement officer can help the victim apply for an emergency order of protection. Emergency orders of protection are valid for seven days.
An emergency order of protection may be issued either in writing or orally. Some counties may issue these orders by phone. It is important that you understand the expiration date on these temporary orders. Victims must apply for a more permanent order of protection, or the emergency order automatically expires.
Release Order
A release order is often used in counties with a population of less than 150,000. These counties are not required to provide after-hours support for emergency orders of protection. Instead, a judge may issue a release order after someone has been arrested for domestic violence. This release order details conditions of their release that can include a prohibition on getting within a certain distance of the victim.
Injunction Against Harassment
An injunction against harassment is a common type of restraining order used outside of domestic violence situations. These orders may be issued if a judge finds that the defendant’s conduct qualifies as harassment. An injunction against harassment prevents the defendant from contacting anyone named in the injunction.
Under Arizona law, harassment is “a series of acts (at least two events) over any period of time that is directed at a specific person and that would cause a reasonable person to be seriously alarmed, annoyed or harassed and the conduct in fact seriously alarms, annoys, or harasses the person and serves no legitimate purpose.”
An injunction against harassment is good for one year from the date it is served on the defendant. The defendant may also request a hearing to fight the injunction, and the injunction may be modified at a later time.
Injunction Against Workplace Harassment
This type of restraining order is used to protect employees at a place of business. Only the employer or their authorized agent may file a request for an injunction against workplace harassment. An injunction against workplace harassment prevents a person from coming onto the employer’s property. It may also prevent that person from contacting employees while they are at work.
These orders are valid for one year from the date of their issuance, but they only take effect once served on the defendant. A defendant may request a hearing on the order to fight the allegations.
What Are the Penalties for Violating a Restraining Order in Tucson, Arizona?
Restraining orders are put in place to protect someone from a potential abuser or harasser. Violating these orders can have some serious consequences. A violation of a restraining order will almost certainly lead to an immediate arrest, and a conviction carries some harsh penalties.
Here are the penalties:
- First Offense: A first violation of a restraining order will result in Class 1 misdemeanor charges. This may result in fines, probation, and up to six months in jail. Additionally, you will end up with a criminal conviction on your record.
- Additional Violations: If you commit additional violations while violating the restraining order, the penalties only increase. For instance, if you violate a restraining order and commit domestic violence, you could face felony charges. This could result in larger fines, longer probation, and more than a year in jail.
- Repeat Offenses: Repeat offenders usually receive harsher penalties from the judge. You could find yourself facing a longer jail sentence and increased fines. The judge may also include additional restrictions in future restraining orders.
Restraining orders in Tucson, Arizona, are taken seriously by the criminal justice system. Violating these orders can have harsh consequences. If you find yourself facing a restraining order, reach out to Katsarelis Law Criminal Defense Attorneys to let us help you protect your rights.
What Defenses Can Be Raised if I’m Accused of Violating a Restraining Order?
Even if a restraining order has already been issued, it might not be too late to fight it.
Some common defenses to restraining orders are as follows:
- Challenge the evidence: Provide your own evidence that pokes holes in the petitioner’s claims. You might also be able to prove that the petitioner made up the allegations or that you pose no threat of harm.
- Self-defense: In some cases, you might be able to show that the behavior in question was in self-defense.
- Due process violations: You are entitled to due process during the issuance of a restraining order. If you can show that your due process rights were violated, the judge might have to lift the order.
An experienced attorney can help evaluate your situation and determine the best legal strategy going forward. Contact Katsarelis Law Criminal Defense Attorneys today to let us help you put together a solid defense.
Schedule a Free Case Evaluation With Our Tucson Restraining Order Lawyers
Have you been served with a restraining order in Tucson, Arizona? You may still have time to fight it, but you need to act quickly. Contact Katsarelis Law Criminal Defense Attorneys today to schedule a free case evaluation with a Tucson restraining order lawyer. We will begin fighting to protect your rights immediately before it is too late.