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The Right Way to File an Order of Protection

As a family law attorney in Scottsdale, I am involved in a lot of cases with domestic violence, where an order of protection has been requested. Right now I have a client in this exact situation. The case is set for trial tomorrow. Anytime you seek an Order of Protection, you need to document the incidents of domestic violence with specificity. If you do not, you can lose your case should your ex request a hearing to contest it. That hearing takes place typically within ten days.

You should hire a lawyer prior to going to court so your attorney can assist you with filling it out the original petition from the beginning and with listingĀ each event of domestic violence with specificity that conforms to the law. This will ensure that you are protected and understand what is happening to you and you’ll understand better the system works as you move along in the process.

When going through a divorce where domestic violence is involved, you should never go to court without a divorce attorney. Do not go to Court and just file to contest it if you are the Respondent (the one the Order of Protection is against) without consulting our attorney before you do so. Timing is everything. If you are the Respondent anything that you say can be used against you in any potential criminal case should Domestic Violence charges be brought against you. I can’t stress enough that you seek the legal advice from a lawyer before doing anything on your own.

You should also tell your attorney of any time that you contacted your ex after the order of protection was issued, otherwise, you risk losing your case.

If you have a current Maricopa County Superior Court Case that involves your children, you need to go there to obtain your Order. Otherwise, it can have significant adverse effects. If your ex obtains one from a lower court jurisdiction, you should hire an attorney to represent you and have the case transferred to Maricopa County Superior Court prior to having a hearing and your attorney should request that the case is transferred and consolidated before the Judge that is presiding over your family law case. This ensures continuity and that your rights and protected throughout the entire process.

Last but not least, follow the advice of your attorney, she or he really has your best interest in mind and wants the best outcome for you.

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