Orders of Protection are issued as a civil action by a magistrate, justice of the peace or superior court judge for the general purpose of restraining a person from contacting the person who requested the order. The order can be issued ex-parte (without notice to the defendant) and once served is effective against the defendant. An order of protection is good for one year.

Generally, the order of protection restrains the defendant from contacting the plaintiff or other specifically designated persons from coming near the residence, place of employment or school of the plaintiff, on a showing that there is reasonable cause to believe that physical harm may otherwise result.

The defendant is entitled to a civil hearing on the order of protection within 10 days after requesting a hearing or within 5 days if the court in the order awarded exclusive use of the residence to the plaintiff. If after the hearing the order of protection is upheld, the defendant then violates the order of protection, the criminal element comes into play and the defendant, for disobeying the order, may be arrested and prosecuted for the crime of interfering with judicial proceedings.

Contact our Phoenix, Scottsdale, Arizona criminal defense attorneys with The Law Offices of Kevin Breger to confidentially discuss your case and representation.