In many cases that I handle, an Order of Protection is sought by one of the parties. In most cases, this is a legitimate request based upon a party's concern for their safety or the safety of their children. However, there are many occasions when a party acquires an Order of Protection as a tool to gain exclusive use of a marital residence and to cut off the other parent from his or her children.
A.R.S. 13-3602 sets forth the procedure and elements necessary to obtain an Order of Protection. Basically, the main element required to obtain an Order of Protection is that one party has or there is reasonable cause to believe will commit an act of domestic violence.
To obtain an Order of Protection, a party may go to any court (Justice Court, Superior Court, Municipal Court) and appear before a Judge that is assigned that day to hear these types of matter. If sufficient cause is demonstrated to the Judge, he or she will issue the Order of Protection. After the Order of Protection is issued, it must be served on the other party.
Because the other party is not present to defend himself at the initial acquiring of the Order of Protection, it is very easy for the asking party to obtain one. This is why many people utilize this procedure to kick a party out of the house and to keep him or her away from the children.
After being served with the Order of Protection, a party may request a hearing. By law, the hearing must be scheduled within ten days of the request. At this hearing, the party who obtained the Order of Protection has the burden of proof in establishing more likely than not that the events that were alleged in fact took place.
In my experience, the truth has always prevailed at these Order of Protection hearings. By that I mean that every Order of Protection I have ever sought on behalf of a client has been upheld after hearing. Likewise, every Order of Protection I have contested on behalf of a wrongly accused client has been quashed.
If an Order of Protection is upheld against a party than almost always that party will lose joint legal custody of their children and many times be subject to supervised visitation time with them. Additionally, the Order of Protection can affect your ability to gain certain types of employment as it will show up on a background check.
Recently, in a case in which I obtained an Order of Protection for a client which was upheld after hearing, the other party complained that offers he had for multiple six figure income jobs were withdrawn because the background check showed the Order of Protection.
Orders of Protection are a valuable tool in protecting the safety of victims of domestic violence. However, the misuse of obtaining them for ulterior purposes in family law litigation is a disturbing trend.
Jason Pistiner, Esq.
SINGER PISTINER, P.C.
602-264-0110
jp@singerpistiner.com
www.singerpistiner.com
In Arizona when you get divorce things are not as worse than in other states, but in the end the same results is what everybody seeks.
ReplyDeleteOrders of protection are an order from the court to shield the other party from violence. Divorce has created or branched out to many laws. I also read about separation maintenance on which the other party will have to support his wife financially if he runs out with the marriage for no violent reasons. To fully understand divorce and the laws embedded with it people must learn the family law. Jacksonville Florida folks always attend public hearing and legislative processes of bills to learn more about the laws and their rights as a father, mother and as a child.
ReplyDeleteAfter the year is up where the order of protection is in place and it goes away, will that still show up on the record and will that be reason for an employer to not hire the individual to their organization?
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