Phoenix Domestic Violence Lawyer
It is not uncommon that there is some level of domestic violence in a marriage or other domestic relationship. As addressed in more detail below, the definition of “domestic violence” is not limited to just physical force, but also threats of physical force, intimidation, certain forms of harassment and other actions. If you are a victim of domestic violence, the Phoenix domestic violence attorneys at Bishop, Del Vecchio & Beeks Law Office, P.C. will be happy to discuss your options with you regarding obtaining an Order of Protection, Injunction Against Harassment or other potential alternatives. Contact one of our offices to schedule an appointment with a Phoenix family law attorney to learn about this and other family law issues.
Contact The Phoenix Domestic Violence Attorneys at Bishop, Del Vecchio & Beeks Law Office Today
Bishop, Del Vecchio & Beeks Law Office, P.C. attorneys will be happy to discuss your options with you regarding obtaining an Order of Protection, Injunction Against Harassment or other potential alternatives.
“Domestic Violence” is broadly defined by Arizona statutes. One does not necessarily have to prove physical violence to obtain an Order of Protection.
Some forms of “domestic violence” are obvious, i.e. striking another person. Other forms of domestic violence may not involve physical violence, but may involve verbal threats, harassment, stalking and other actions.
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Justice and Municipal Court orders may be appealed to the Superior Court. Superior Court orders may be appealed to the Arizona Court Of Appeals. There are strict timelines that apply to such appeals. Generally, the higher courts addressing such appeals limit their review to whether the hearing was appropriately conducted and not whether somebody was telling the truth.
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All States within the United States are required to recognize a valid Order of Protection. If you relocate to or reside in a different state (or even if visiting for an extended period), you should contact and provide a copy of your Order of Protection to the law enforcement agency there, and make sure you fill out any forms required by the law enforcement agency.
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Although a violation of an Order of Protection may result in criminal proceedings filed against an offender, the media regularly report domestic violence incidents despite such orders. If you feel that the other person may violate the Order of Protection (or if he or she has violated such order), you should call the police and alert them. You should consider providing a copy of your Order of Protection to your employer, your apartment manager, your children’s school and other places you commonly frequent. You should also keep a copy of the Order Of Protection with you at all times. You should take whatever additional lawful measures possible to protect yourself and your loved ones. The State Of Arizona provides shelters and other services for victims of domestic violence.
The domestic violence that led to you obtaining an Order of Protection may also constitute a crime. Criminal enforcement mechanisms may be more effective than merely obtaining an Order of Protection. Thus, in addition to obtaining an Order of Protection, you should consider contacting the police and asking that charges be filed with regard to any domestic violence or violations of an Order of Protection.
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If the other party engaged in acts of domestic violence (or if the person “may” engage in such acts), you may request an Order Of Protection against the other party even if the other party has already obtained one against you.
In order to obtain your own Order of Protection, you will need to fill out and file your own independent Petition for Order to Protection. The evidentiary hearings on each of the parties’ respective Orders of Protection may be consolidated by the Court or may result in separate hearings.
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A plaintiff may voluntarily request that the Court dismiss or modify an Order of Protection he or she has obtained against another person. The plaintiff will need to go back to the Court that issued such order to make such request in person. The decision whether to modify or dismiss the Order of Protection is ultimately in the Court’s final discretion.
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