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Order of Protection Attorney in Tucson

Pima County Restraining Order Laws

An order of protection is a legal injunction prohibiting an individual from committing acts of domestic violence or contacting the persons protected by the order. It can also require the accused to give up their rights to own/possess a firearm.

If you have been served an order of protection, it is important to follow the rules, even if you do not agree with the order. Violating the terms and conditions set forth in the order is a crime and could result in fines, jail time, or both. While typically charged as misdemeanors, some violations of restraining orders can be charged as felonies.

If you have been served with a restraining order, turn to the Law Office of Christopher M. Jeffrey for immediate assistance. Our Tucson order of protection lawyer can help you exercise your right to challenge the restraining order. While you have the right to challenge the validity of the allegations made against you, time is limited. Therefore, you will want to get in contact with us as soon as possible. Delaying too long can leave you with little or no legal recourse.

If you feel that you have been unjustly served an order of protection, call our criminal defense attorney today at (520) 394-8008. We can help you protect your rights.

Dismissing/Modifying an Order of Protection in Arizona

After the restraining order has been served, it is valid for one year. During this time, the defendant has the right to one hearing to challenge the injunction. In order to get a hearing, the individual must file a written request with the same court that issued the order of protection. Generally, the hearing is schedule within five to 10 days.

To convince the judge that an order of protection should be modified or dismissed, defendants may argue:

  • The allegations made against them are false of exaggerated

  • The plaintiff’s testimony is the only evidence of the alleged acts

  • The alleged victim has subsequently engaged in romantic acts with them

  • The plaintiff has continued to contact them after the order has been served

  • The plaintiff never called law enforcement

  • The alleged victim did not seek medical attention

  • The petition for an order of protection was filed corresponding to filing for divorce

  • The alleged victim has a history of being dishonest and engaging in dishonest acts

  • The allegations of child abuse (if present) are false

  • The alleged victim delayed in obtaining an order of protection

  • The plaintiff also engaged in the altercation

Once the court hears the case, the judge will decide whether to uphold, modify, or dismiss the order. If the order is modified, it will be re-served and remain effective for one year from the date when the original order was served. If, however, the order is dismissed, the defendant will no longer be bound to the rules of the order.

Law Office of Christopher M. Jeffrey Protection Order Legal Counsel

If you have received an order of protection, your first step to getting it removed is to contact the Law Office of Christopher M. Jeffrey. Our Tucson order of protection attorney can help you through the hearing process, ensuring you have a strong case to support your side of the story.

Contact us today at (520) 394-8008 to schedule a free consultation with our experienced criminal defense lawyer.

Why Hire Christopher M. Jeffrey?

A Few Reasons to Choose Our Firm
  • Volunteer Lawyer of the Month by the Pima County Bar

    Click here to read the full published article.

  • Work Directly with Christopher M. Jeffrey
  • Providing Personalized & Attentive Care
  • Always Available for Client Questions
  • A Flexible & Approachable Personality
  • Strong Relationships with Local Prosecutors

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