Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3602 a violation of an "Order of Protection / Injunction Against Harassment" carries varied degrees of punishment. An Order of Protection is initially issued by a Judge or Justice of the Peace as a civil action and is sometimes calls a "Restraining Order". It is usually obtained in order to prevent somebody from committing an act of Domestic Violence, Assault, or Harassment. It is issued by the Judge purely based upon the avowals of the person seeking the Order. In other words, the Defendant has no idea that the proceeding to obtain the Order is taking place. Once the Order is served against the Defendant, then the Order will be in place for one (1) full year. During that time, the Defendant cannot contact the filing party directly or cause others to contact the filing party directly. In addition, there is often restrictions from going within a certain distance from a person's place of work, residence, or school.
The Order of Protection / Injunction Against Harassment can be challenged within ten (10) days if proper paperwork is filed by the Defendant (this amount drops to five (5) days if the Order prohibits the Defendant from returning to his own home). During the Hearing, the Judge will hear from both sides to decide whether or not to uphold the Order. Many times the Judge will modify the Order regarding banned areas and allow the ability to pick up and drop off children from school. Occasionally, you will see a Judge issue what is known as a "Reciprocal Order" which also prohibits the filing party from harassing the Defendant.
If a Defendant makes any type of contact with the filing party, then he can be charged with Violating the Order of Protection / Injunction Against Harassment. If he does violate the Order, then he can be charged with the crime of "Interfering with Judicial Proceedings". If this occurs, it can be charged as a class one (1) misdemeanor.
The punishment for Violating an Order of Protection includes immediate arrest and being held in custody until a Judge makes a determination regarding release conditions. If convicted, a class one (1) misdemeanor carries a punishment of up to six (6) months in jail. In addition, the Judge can impose a fine of up to $2500.00 plus an 80% surcharge.
Technically, it is not a defense to a violation of an Order of Protection / Injunction Against Harassment if the so-called victim "invited" the Defendant over to meet with them. This is the Judge's Order, and not the alleged victim's order. This means that if a boyfriend / girlfriend (or husband / wife) "patch things up", the alleged victim must go to the Court and seek a Withdrawal of the Order of Protection. Many times what will occur is that a couple thought they had patched things up, only in to engage in a loud argument, which results in the neighbors calling the police. When the police arrive, they will normally run a computer check on both individuals, and if they find the Order of Protection / Injunction Against Harassment, they will arrest the Defendant (even if the girlfriend / spouse tells the police that they were the one who invited the Defendant over).
However, we have been successful in convincing Prosecutors to drop the charges once we have explained the entire situation. Normally we need to first get the original Order of Protection or Injunction Against Harassment "lifted", and then we need to sit down and speak with the Prosecutor. The reputation of the lawyer you choose to defend you is critical in these situations.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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04/24/08 |
Aggravated DUI, Aggravated DWI |
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04/14/08 |
Aggravated Assault w/Gun |
Not Guilty |
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Aggravated DUI, Aggravated DWI |
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