what happens at the civil protection order hearing

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.”

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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.


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


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


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


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.


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
