Order of Protection

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Order of Protection Empty Order of Protection

Post  Admin on Wed May 27, 2015 11:12 am

Orders of Protection Orders of protection are intended for use by family members of alleged abusers. Although they usually serve an important and good purpose, they are sometimes abused to gain an advantage in a divorce or child custody case.

The orders are easy to obtain and they go into effect immediately after service is made. A husband or wife wanting a divorce may want you out of the home. Going to family court for a temporary order would take weeks or months. Sometimes a husband, wife or significant other will try to go around the family court with an order of protection.

Anyone wanting an order can go to any court, and he or she can usually get an order from a lower court judge with very little evidence of domestic violence or threat of harm. Domestic violence is defined very broadly in Arizona, even encompassing an act such as breaking a coffee cup.

The filing of an order of protection can immediately limit important rights, including:

The right to enter your home
The right to visit your children
Your rights regarding child custody and visitation in a future divorce action

It is not easy to overturn an order of protection. Once again, the courts would rather err on the side of caution — that means the court will leave the order in effect unless you can make a compelling case against the order. If you have been served with an order for protection or an injunction against harassment, it is important that you work with an attorney who has a track record of success in fighting the charges alleged in the orders.

Source: http://bntazlaw.com/family-law/orders-of-protection/?gclid=Cj0KEQjw1pWrBRDuv-rhstiX6KwBEiQA5V9ZoW-zeYeHKx3GUbDT9UtFeEAGPhj5vuaGnNOftSY7P3QaAlKd8P8HAQ


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