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Order of Protection Attorney in Phoenix

If you or someone close to you needs a protective order in Arizona, it is essential to consult with an attorney promptly. At Benikov Law, attorney Alex Benikov has dedicated over 13 years to representing individuals from all backgrounds. By handling a limited number of cases at any given time, Mr. Benikov personally manages each case. Call for a free consultation today to discuss your legal needs.

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What is an Order of Protection in Arizona?

When a protective order, also referred to as a restraining order in Arizona, becomes necessary, it is crucial to understand its purpose and the various forms of protection it offers. An Order of Protection is first granted by a judge or justice of the peace through a civil action, typically to deter someone from engaging in domestic violence, assault, or harassment.

In Arizona, ARS 13-3602 is a statute that provides a legal shield against abuse or harassment by issuing an Order of Protection or protective order. Within this order, a judge can set boundaries on a person's conduct, including ordering them to cease abusive behavior towards you and your children. 

It's necessary to demonstrate to the court that the individual you're seeking protection from has engaged in or is likely to engage in Domestic Violence. Physical injury or harm is not a requirement for being a victim of Domestic Violence. Domestic violence takes place when the other party has committed or attempted to do the following actions:

  • Threaten or endanger you
  • Interface with the guardianship of your children
  • Intimidate or harass you
  • Trespass or damage your belongings
  • Restrain, abduct, or imprison you
  • Attack you physically or with a weapon
  • Show or threaten you with a deadly weapon
  • Secretly take pictures or record you without your knowledge

If a judge approves your appeal and issues a formal ruling, the individual under restraint must be informed. Following that, if the restrained individual requests, the court may conduct a unique session to examine the evidence and testimonies. During this session, the judge will determine whether to revoke, alter, or maintain the protective order in its current state.

Which relationships qualify for an Order of Protection?

In Arizona, a qualifying relationship with the person in question is essential to pursue a protective order. It is often misunderstood that restraining orders may only apply to blood relatives or spouses, but this is inaccurate. The following individuals can potentially be subject to an order of protection:

  • Spouse or ex-spouse
  • Someone you live or have lived with
  • An intimate or romantic partner
  • A person with whom you share a child or are expecting a child
  • A blood or court-ordered relative, such as:
  •   Parent
  •   Grandparent
  •   Child
  •   Grandchild
  •   Sibling
  •   In-law relation (parent-in-law, grandparent-in-law, stepparent, step-grandparent,   stepchild, step-grandchild, brother-in-law, or sister-in-law)

One must petition the court to obtain a restraining order in Arizona. A judge will then review and render a decision on the same day. Parents can also petition the court for a protection order on behalf of their child.

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Mr. Benikov was very professional and extremely helpful. He made sure to walk me through the whole process and was always responsive whenever I had any questions. I recommend him to anyone with a legal issue.
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How Can an Order of Protection Help You?

If an Arizona judge approves a restraining order request, various forms of assistance can be provided. Some of the options at the judge's disposal include:

  • Stopping the person targeted by the order from committing domestic violence.
  • Restricting the targeted person from visiting the protected person's home, workplace, or school.
  • Giving the secure person complete and exclusive control over the shared home.
  • Prohibiting the person subject to the order from going to the protected individual's home, work, or school.
  • Banning the person subject to the order of protection from possessing firearms.
  • Giving the protected individual sole ownership of pets.
  • Requiring the person subject to the order to attend a domestic violence treatment program after a hearing.

Penalties for Violating an Order of Protection in Arizona

Even tough a seemingly small action can cause a violation of a protection order, the consequences are anything but minor. Here are some of the results of breaking an order of protection in Arizona:

  • Immediate arrest and detention with no predetermined release time, continuing until the judge sets the terms for release.
  • A conviction of this offense could lead to imprisonment for up to six months.
  • $2,500 fine plus an 84% surcharge.

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Aggravated Assault
Not Guilty on all counts
Assault Charges
Client had to pay nothing after hiring our firm.
Assault & Trespassing
Charges Dismissed At Trial
Disorderly Conduct
Client was given diversion.
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Order of Protection Attorney in Phoenix

If you or a loved one needs help securing a protective order in Arizona, you must immediately contact an attorney. By hiring Benikov Law, you will consistently have direct contact with your attorney and benefit from the knowledge of one of Arizona's most well-versed criminal lawyers.

Our firm serves the areas of Phoenix, Mesa, Scottsdale, Glendale, Tempe, Chandler, and other locations around Arizona. If you or a loved one have been charged with a Domestic Violence charge in Arizona, please contact us today to schedule your free consultation.

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Attorney Alexander Benikov

Focus

Mr. Benikov only practices in the areas of criminal defense and DUI defense. This means that all his knowledge is focused on one area of law. Hire an attorney that only practices the type of law that will help your case.

Reputation

Mr. Benikov is known for his excellent reputation in the areas of criminal defense and DUI defense. A lawyer is only as good as his reputation. When you hire Mr. Benikov, he will put his reputation to work for you. No matter if Mr. Benikov is dealing with prosecutors, other attorneys, or Judges, they all know his word is his bond.

Knowledge of Current Law

Mr. Benikov is at the forefront of ever-changing laws and works closely with his clients. Every year there are significant changes to Arizona law and Mr. Benikov works hard to stay on top of all the changes. Mr. Benikov prides himself on attending the best seminars to give his clients the maximum advantage. Mr. Benikov is at the forefront of ever-changing laws and works closely with his clients. Every year there are significant changes to Arizona law and Mr. Benikov works hard to stay on top of all the changes. Mr. Benikov prides himself on attending the best seminars to give his clients the maximum advantage.

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Orders of Protection

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Legal Disclaimer:

The information you obtain at this site is not, nor is it intended to be, legal advice. Benikov Law Firm's legal team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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