Phoenix Domestic Violence Attorney

Understanding Violations of a Restraining Order

Under the Arizona 2010 Criminal Code, 13-2501, domestic violence is considered violence that occurred between two people in which the relationship is, or has been, that of marriage, in which the pair have a child together or are pregnant by the other party, are related by blood or court order, have resided in the same household or have a romantic/sexual relationship. There are other stipulating terms which can apply, but generally speaking, these is the outline for the parameters of relationships that can be affected by domestic violence.

Often, after an accusation of domestic violence, a victim will contact law enforcement and an order of protection will be ordered. According to 13-3602 of the Criminal Code, such an order can be ordered to restrain the alleged criminal from committing an act of domestic violence. In the case of minors, this order will be filed by a parent or guardian. If there is reason to believe that the defendant has violated the terms of the order, a peace officer is able to arrest the offending party with or without warrant. From criminal violations, charges will be pressed by a prosecutor.

Penalties for Violating an Order of Protection

If you have recently been charged with violating the terms of an order of protection, you could be facing a misdemeanor charge of Interfering with Judicial Proceedings under 13-2810 of the Criminal Code. This carries penalties including a year of incarceration, as well as monetary fines up to $2,500. Typically, for those accused of this, there are associated crimes which will compound on the criminal charges you are already facing. Due to this, the penalties can be extremely harsh and ruthless.

Lawyer Defending Order of Protection Violations in Phoenix

At the Knowles Law Firm, they have seen all too often how these legal tools have been used in a manner that varies widely from their original intent. While they were created to help protect true victims of child abuse and spousal abuse, many alleged victims will use an accusation to get revenge or gain leverage. It can be offensive tactic instead of a defensive move.

For this reason, should you be slapped with a violation of a restraining order, it is vastly important that you do not hesitate to contact an aggressive Phoenix domestic violence defense attorney as quickly as possible. Their legal team understands the ins and outs of the defense trade and know the steps theyneed to take if you have recently been criminally charged. You can trust that should you work with their firm that they will do everything possible to help you defend your future.

If you are seeking creative defense of charges of a violation of an order of protection, please feel free to contact a Phoenix domestic violence defense lawyer at their firm today.