How do I contest an order of protection in Arizona?
To challenge the order, the defendant must file a request for hearing with the court. If the order prohibits the defendant from entering his or her home, the motion will be heard within five (5) days; otherwise, it will be heard within ten (10) days.
Can protective orders be appealed?
If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court’s grant of an extended protection order.
How do I dismiss an order of protection in Arizona?
Only a judge can dismiss or quash an Order of Protection. To file a motion to dismiss or quash an Order of Protection, you must go to one of the Protective Order Centers to complete a motion. You will be required to provide identification to court personnel at the time you complete the Motion to Dismiss or Quash.
Can you appeal a restraining order in Arizona?
A party may appeal an Order of Protection, Injunction Against Harassment, or Injunction Against Workplace Harassment that is entered, affirmed, modified or quashed after a hearing at which both parties had an opportunity to appear. A superior court order must be appealed to the Arizona Court of Appeals.
How do I drop a restraining order in Arizona?
Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order. This legal motion must usually identify the parties.
Can a protection order be withdrawn?
A protection order may be varied, withdrawn or set aside if the complainant makes an application for variation or rescission, but only if the court is satisfied that the application is being made freely and voluntarily.
Can you get a restraining order overturned?
Unfortunately, even if you and the person who filed the order reach an agreement outside of the court, you still cannot dismiss a restraining order without a judge. You must go through the legal process to revoke or modify a protective order.
How do you write a letter to a judge to remove a restraining order?
Essentially, what you should include in the letter/motion is what you respectfully request that the court do, i.e., remove the protection order, and why it would be right for the court do what you request, i.e., because you are not a threat to her, etc.
Can you contest a restraining order?
If you intend to apply to the court to revoke or vary a restraining order, you will need to prove that a change of circumstances has occurred. If everything has remained the same, then it is unlikely that the court will be willing to adapt or dissolve the order. A change of situation is case-specific.
How do I appeal a final order or judgment in Arizona?
A party may appeal a final order or a final judgment entered in any civil case. The appeal procedure is set forth in Superior Court Rules of Appellate Procedure, and in the Arizona Revised Statutes. To start an appeal, a Notice of Appeal must be filed with the trial court within fourteen (14) calendar days from the date of the judgment.
Can a peace officer serve an order of protection in Arizona?
In addition to persons authorized to serve process pursuant to rule 4 (d) of the Arizona rules of civil procedure, a peace officer or a correctional officer as defined in section 41-1661 who is acting in the officer’s official capacity may serve an order of protection that is issued pursuant to this section.
What is the Appellate Procedure in Arizona?
The appeal procedure is set forth in Superior Court Rules of Appellate Procedure, and in the Arizona Revised Statutes. To start an appeal, a Notice of Appeal must be filed with the trial court within fourteen (14) calendar days from the date of the judgment.
What is a verified petition for an order of protection?
A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence.