Clarification Is Key To Avoiding Protection Order Violations
Many people in Arizona currently face challenges regarding various types of protection orders filed against them. If an incident erupted that led to police coming to your home and arresting you, the court may have already issued an emergency protection order on a short-term basis. These orders are very commonplace in situations of domestic violence. Protective orders can also be issued amongst allegations of criminal types of harassment, including stalking, or in other cases when one person has committed or threatened to commit a crime against another person.
The court has several options in place to coincide with different situations that include the ability to change an order, add further restrictions to an existing one, issue a new one altogether, or dismiss one.
PROTECTION ORDER BASICS
Authorities are obligated to act in such ways so as not to violate your Constitutional rights. For the most part, everyone is allowed to come and go as they please, as long as doing so isn’t infringing upon the rights or safety of others. At the same time, it is never okay to physically or emotionally abuse someone. If you’re perceived as a danger to an individual, they can be issued a protective order that will restrict you from contacting them or being within a certain distance of them.
Orders of protection are uncomfortable for everyone involved, but they serve a purpose. Having to comply with one of these orders can actually help you prevent future conflict if you have a tumultuous relationship with another individual.
Every state has its own laws regarding protection orders. The following is a list of the most common provisions included in a basic order of protection:
- Restriction of physical distance: This specifies a distance the restricted party must keep away from the protected party. It might be several hundred yards or even miles, depending on the severity and facts of a particular situation.
- No contact allowed: While some protection orders merely restrict physical distance, others include provisions that prohibit any type of contact, including text messages, emails, phone calls, and even social messaging posts about the other.
- Limited contact: This type of provision allows contact, so long as it is a peaceful communication and it is for an approved purpose — for instance, if you need to speak with your former spouse regarding transferring your children for visitation.
- No Unconsented Contact: Means that you may have contact so long as it is peaceful and not related to the facts of a DV case, but consent may be withdrawn at any time and for any reason, and even for no reason at all.
- Removal from premises: If you’ve been told by authorities you need to permanently leave your house, it might have something to do with a move-out provision in a protection order.
Domestic violence is a highly emotionally-charged topic that affects many lives, not only in Arizona, but throughout the United States. Domestic violence is one of the most common scenarios in which someone would be presented with a protective order, and it may be for the best. Even if the incident that led to the order was an unusual circumstance, such an order can prevent unsafe situations.
HOW WILL A PROTECTION ORDER AFFECT MY LIFE?
Navigating the criminal justice system can be challenging at best, and utterly overwhelming at its worst. Most often, those who face charges also suffer social stigma and other challenges related to their allegations. A protection order can make your day-to-day life more complicated – especially if you share property or children with the person who got the order. If you have a reasonable need to be in regular contact with that individual, it can be difficult to figure out how to proceed.
A protection order can’t control all your actions, but it is legally enforceable if the court deems you have violated a restriction. It is always best to clarify the terms and provisions of an existing order if you have questions regarding any aspect.
Protective orders can be dropped in most cases, but the person they’re protecting needs to ask the court to vacate that order. The court will determine whether or not the danger still exists, and if it doesn’t the order can be removed.
WHAT IF I VIOLATED A PROTECTION ORDER?
If you’re facing consequences for violating a protective order, you need the help of a lawyer here in Tucson. We’ll give you a free consultation to review the specifics of your situation.
Many have found it very helpful to rely on the support of an experienced attorney who understands the laws that govern such matters, and can act as a personal advocate to address any problems that arise pertaining to protection orders or other related issues. Contact us today.