This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
Arizona USLegal Guide on Restraining Orders and No Contact Orders
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Multi-State
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US-GDE-09
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A party may appeal an Order of Protection, Injunction Against Harassment, or Injunction Against Workplace Harassment that is entered, affirmed, modified or quashed after a hearing at which both parties had an opportunity to appear. A superior court order must be appealed to the Arizona Court of Appeals.
A no contact order is basically when the court orders that the person who allegedly committed the assault is not allowed to contact whoever filed the charge, typically the victim. The downside of this is when the other party makes contact first, which happens most of the time.
In addition, it is the judge who has the final say about the most appropriate orders to grant. If a restraining order has been issued against you, you must take note of the fact that it will be included in your criminal record.
If you wish to change, extend, or cancel your order, you can file a Petition/Motion to Dismiss, Extend, or Modify Other Conditions of Order Of Protection. The court will set a date for a hearing and the abuser will be served with a copy of the motion and a request to be present.
When an Order of Protection is issued against you, it can be contested by requesting a hearing. At a hearing, a judge hears all the facts before making a decision based on Arizona law. If the judge rules against you at the hearing, you may then appeal the court's decision made at the hearing.
The person who obtained the restraining order has the burden of presenting evidence to establish the allegations outlined in the petition filed to get the order of protection. You will have the ability to cross-examine each witness with proper questions.
If you wish to contest the protective order, you may file a response to the request for a restraining order to be dismissed. If you wish to do so, contact an experienced attorney. Regardless of whether or not you file a request for a hearing with the court.