what happens at the civil protection order hearing
Post on 12-Jan-2017
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WHAT HAPPENS AT THE CIVIL PROTECTION
ORDER HEARING?
“With a civil protection order, the abuser may be required to
stay away from you, your pets, and from other close family
members who were being subject to threatening behavior.
The abuser may also be ordered to refrain from coming to
your workplace or family home.”
Do I Need a Lawyer If My Child is Removed By Child Protection in Arizona? www.singerpistiner.com 2
When an intimate
partner, an ex-spouse,
or any close family
member is engaging in
abusive and/or
threatening behavior
towards you, a civil
protection order can be
one approach to
stopping the behavior.
Civil protection orders for
domestic violence are available at any time in the state of Arizona. However, you
are going to need to attend a civil protection order hearing in order to get long-
term protection from the actions of someone who is threatening to harm you.
A Scottsdale domestic violence lawyer understands the process of seeking a civil
protection order and can guide you through every step that is necessary to use
the legal system to order an abuser to discontinue threatening behavior. With a
civil protection order, the abuser may be required to stay away from you, your
pets, and from other close family members who were being subject to
threatening behavior. The abuser may also be ordered to refrain from coming to
your workplace or family home. The protections are important ones, so it is
imperative you know what is involved in getting this type of court-ordered
protection.
Do I Need a Lawyer If My Child is Removed By Child Protection in Arizona? www.singerpistiner.com 3
WHAT HAPPENS AT A CIVIL PROTECTION ORDER HEARING?
In any situation where you want a civil protection order, you are going to need to
come before a judge. You can go to any Protective Order Center during the time
when the courts are open in order to streamline the process of getting your order
of protection. At the Protective Order Center, you will be provided with all
paperwork and forms you need to complete. After taking care of inputting the
necessary information and providing all of the essential details, you will come
before a judge.
When you go before the judge, the goal is to provide enough information that the
judge can determine you are in need of a civil protection order to stop abusive
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behavior. The details you provide in your initial paperwork and in your initial
meeting with the judge need to present a clear and credible picture of behavior
that puts you and/or those who you love at risk of some type of harm.
You should try to provide as much detail as possible when completing court
paperwork and going before the judge. If you have hospital records, police
reports, or other proof that you have been victimized by abuse, it is a good idea
to provide this information.
The alleged abuser will not be present when you come before the judge initially,
since this meeting with the judge can take place on the same day you visit the
Protective Order
Center and submit
your paperwork.
The judge may
issue an immediate
order of protection,
provided you have
offered the
necessary
information to
convince the judge
that such an order is appropriate and necessary to protect you from harm.
If you are being subject to abuse outside of normal court hours, it is also possible
to get an immediate civil protection order even when the courts are closed. You
can go to any police station or call 911 if you are in immediate danger. A judge
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may grant the order in writing, verbally, or over the telephone so you can get
protection right away.
An order granted outside of normal court hours by a judge is usually considered
an emergency order of protection. This will be in effect only until the closet of the
next business day. To get an order of protection that stops the abusive behavior
for the long-term, you will need to visit the Protective Order Center on the
business day after your
emergency order of
protection has been
granted. You will need
to convince the judge at
that time to issue an
order of protection that
is good for a year.
When the judge grants
an order of protection,
the person who has
been accused of abuse must be served with the order and informed of the
accusations against him as well as restrictions imposed by the court. The alleged
abuser has one year to challenge the allegations that have been made and to
request a hearing.
If the alleged abuser asks for a hearing, you are going to need to attend the
hearing. At this hearing before the judge, both you and the person who you have
accused of abuse will be present. You will each be given the opportunity to
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present evidence and information and
to make arguments to the judge. The
judge will consider the evidence
presented by you and by the person
who was allegedly perpetrating the
abusive behavior to determine if there
is justification for leaving the order of
protection in tact.
It is important you are able to make
compelling arguments and provide
sufficient proof of abuse if you want to
ensure that a civil order of protection is
issued and remains in effect to stop an
abuser from approaching and
threatening or harming you. Contact a
Scottsdale, AZ attorney with experience handling domestic violence cases for
assistance in obtaining an order of protection. Your attorney can represent you in
all court interactions, including a hearing for a civil protection order.
Do I Need a Lawyer If My Child is Removed By Child Protection in Arizona? www.singerpistiner.com 7
About Singer Pistiner, P.C.
In the midst of a family crisis, you may feel like you have nowhere to turn. But there is a solution. At Singer Pistiner, P.C., we will help you to find it. As a small firm, we are able to respond quickly to your needs and concerns. The efficiencies of being a small firm also enable us to provide high-quality legal services at affordable rates.
At Singer Pistiner, P.C., in Phoenix, Arizona, we know that divorce is an emotionally and financially taxing experience. That’s why we provide you with a simple, quick and personalized approach to family law services where you will deal with one attorney who will handle your case from start to finish.
Your Personal Attorneys
Throughout the legal process, our lawyers will keep you informed of important developments. We will return your phone calls, answer your questions and address any additional issues that may arise in the course of your case.
We will devote all of the time and effort needed to achieve the best possible outcome. Our law firm can take your case to family court, which is a part of the Superior Court of Arizona, or handle it through another avenue of resolution, such as mediation. In addition to divorce, our lawyers handle paternity, prenuptial agreements,grandparents’ rights, orders of protection, child relocation, and modification and enforcement issues.
In any family law case, your best interests are our overriding concern. Our goal is to find the right solution for you — in an efficient, timely and affordable manner.
OUR FAMILY LAW ATTORNEYS PROUDLY SERVE PHOENIX, GLENDALE, SURPRISE, SCOTTSDALE, TEMPE, CHANDLER AND MESA
If you’d like to know more about how our Phoenix family law firm handles divorce and other family issues, please feel free to call 602-264-0110 or send us an e-mail to schedule a free initial consultation.
Singer Pistiner, P.C. 15849 N. 71st St., Suite 100
Scottsdale AZ 85254 Phone: 602-264-0110
Fax: 602-264-0440 Website: www.singerpistiner.com
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