No matter the circumstances of your situation, having a restraining order filed against you can have an extremely detrimental effect on many aspects of your life. A restraining order can result in loss of rights to see your children, limit the places you are allowed to live and restrict your basic freedoms. Outside of your restricted interactions with the party or parties involved, a restraining order can also affect your reputation and credibility, should the knowledge of the orders placed against you become public. If someone has accused you of an offense that would lead to a restraining order being filed against you, or if you are accused of a violation of an existing restraining order, it is absolutely essential to seek out the advice and guidance of an experienced Tempe criminal defense attorney.Were you Served a Restraining Order?
Orders of Protection are served against individuals who have been accused of, and convincingly shown to have committed, an act of domestic violence against the victim. The victim can be a spouse, child, neighbor, date, sibling, parent, relative, roommate, or any other person who has been in danger as a result of the alleged actions from the accused individual. In order to obtain a restraining order, or an Order of Protection, the alleged victim has to testify before a judge. Based on this testimony and the other incidents of abuse recorded and noted, the judge will decide whether or not to issue a restraining order. You have the right to challenge the issuance of the order. If the person you are seeking an order against is a neighbor, stranger or acquaintance, then you would seek an Injunction Against Harassment.
If a judge issues the Order of Protection or the Injunction Against Harassment, the defendant must be served with the order before it becomes effective and once served, the order will be in effect for 12 months. The defendant may request one hearing anytime during the 12 months in which the order is in effect. The judge will hear testimony and then make a ruling to either uphold or quash the order. A violation of the order can result in criminal charges. The Firm can represent a plaintiff or defendant in an Order of Protection or Injunction Against Harassment proceeding and also represents individuals charged with violating these orders.
Mr. Buckallew has extensive experience in resolving issues regarding restraining orders, including Orders of Protection, Injunctions Against Harassment, and violations of these types of orders. He will work closely with you to determine the facts and will seek to resolve the issue of the restraining order and restore your access to your children, your possessions and your home. Even if you have already been served a restraining order, there are actions that can be taken to challenge the order and you have the right to contest the orders brought against you. Attorney Trent Buckallew will help you to prepare your case, seek an order to quash the restraining order and help in preserving your rights.
Contact a Tempe criminal defense attorney if you have been served a restraining order or have been accused of violating an existing order Schedule a free consultation today. We are available 24/7.