Order of Protection Attorney in Phoenix

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.

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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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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What is an Order of Protection in Arizona?

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.

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.

CASE RESULTS

Theft

Case Result: Client found not guilty after jury trial

Domestic Violence Assault

Case Result: Not guilty of all counts

Threatening and Intimidating

Case Result: All charges dismissed

Aggravated Assault

Case Result: Not Guilty on all counts

Child Endangerment

Case Result: All Charges Dismissed

Child Endangerment

Case Result: Not Guilty after trial.

Assault

Case Result: Given a plea to disorderly conduct and no jail.
Why Clients Choose Us
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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.

CLIENT REVIEWS
5 Stars

Colin B.

A very intelligent and friendly, professional man to work with. He was hired in referral to me by a family member and all the great reviews are true! He worked hard for me on a case for a reasonable price and ended with the best possible outcome.

Thank you Alex
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5 Stars

Richard H.

He is a very confident and thorough lawyer and very helpful and knowledgeable, I would recommend him to anyone in need of legal advice and/or defense



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M V.

Outstanding character, exceptional legal knowledge of Arizona Law and a strong work ethic. Benikov Law will work tirelessly in their representation of their clients. I would never even consider another firm for any legal representation that I require.

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5 Stars

Ryan S.

Very knowledgeable, professional and trustworthy, I wouldn't hesitate to get Benikov on my side!




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5 Stars

Dustin F.

Mr. Benikov is highly professional and understanding of his client's needs. I will continue to use his law firm for all of my legal matters.



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5 Stars

Daniel R.

Mr. Benikov has always been exceptional at making himself available to answer any questions I’ve ever had with legal issues and never turns me away with even the smallest matters and I respect his genuine care for his clients!

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5 Stars

Patricia K.

Mr. Benikov is always professional and will take care of your matters in a professional manner and I would recommend him to anyone. 5 stars!



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5 Stars

Michael G.

Mr. Benikov helped me with a very complicated and dangerous case involving my daughter.   He was able to get the case dismissed, for which I'm eternally grateful.



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5 Stars

Jody S.

Alex Benikov and his law firm are definitely my first call. He’s knowledgeable, responsive and is a good lawyer to have in your corner




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CASE RESULTS
Extreme DUI
Case Result: Client found not guilty after jury trial
Client was charged with Extreme DUI after police found him asleep in his car in the parking lot. After long jury trial jury found client not guilty of all counts.
Domestic Violence Assault
Case Result: Client found not guilty at trial
Client was accused of hitting his wife and damaging property. After trial with several witnesses, the client was found not guilty of all charges.
Theft
Case Result: Client found not guilty after jury trial
Client was charged with taking expensive sunglasses. After months of working with prosecutor all charges dismissed when it was shown that clients friend was the responsible party.
Domestic Violence Assault
Case Result: Not guilty of all counts
Client was found not guilty of all counts on domestic violence assault after trial. State had alleged a serious injury to victim. Client was facing jail if convicted.
Threatening and Intimidating
Case Result: All charges dismissed
Client was charged with leaving threatening messages for his ex-girlfriend. After negotiating the matter with the prosecutor all charges against the client were dismissed. The Client was also given shorter domestic violence classes.
Felony DUI
Case Result: Charges reduced to misdemeanor
Client was charged with felony DUI for driving against traffic while impaired. Ultimately the case was reduced to misdemeanor from felony. Client had been facing four months in prison if convicted of felony.
Domestic Violence Criminal Damage
Case Result: Client offered a better plea with no jail at time of trial
Client was charged with damaging property belonging to him and girlfriend. At time of trial the state offered a much better plea than originally offered that included no jail instead of 30 days originally sought.
Super Extreme DUI
Case Result: Charged reduced
Client was charged with super extreme DUI but was offered a plea to regular DUI with much lower jail and lower fines.
Extreme DUI
Case Result: Client found not guilty after bench trial
Chose to have the Judge decide the case for strategic reasons. Judge found the client not guilty of all counts.
Domestic Violence Assault, 5 Counts
Case Result: All charges dismissed at time of trial
Client was facing 120 days in jail. All charges dismissed at time of trial when the state was not able to proceed without needed witnesses.
Extreme DUI
Case Result: Extreme DUI reduced to Regular DUI
The client was had their Extreme DUI reduced to a Regular DUI. Client was facing several weeks in jail.
Aggravated Assault
Case Result: Not Guilty on all counts
City of Mesa - Client was found Not Guilty on an all counts including assault. Client was facing 60 days jail.
Child Endangerment
Case Result: All Charges Dismissed
Mesa City Court - Defendant charged with child endangerment. All charges dismissed at time of trial. Client was facing 60 days in jail.
Child Endangerment
Case Result: Not Guilty after trial.
Scottsdale City Court - Client found not guilty of child endangerment after trial. Client had been facing 15 days in jail.
Marijuana DUI
Case Result: Charges reduced to reckless driving.
Mesa City Court - Client had their charges of a Marijuana related DUI reduced to Reckless Driving in the Mesa City Court.

Standard DUI
Case Result: Charges reduced to reckless driving.
Scottsdale City Court - Client had their charges of a Standard DUI reduced to Reckless Driving in the Scottsdale City Court.

Domestic Violence Charges
Case Result: Not guilty after trial
Mesa City Court - Not guilty after trial on domestic violence disorderly conduct. Client was facing 30 days in jail.

Felony Domestic Violence
Case Result: Reduced to misdemeanor with no jail
Maricopa County Superior Court - Client charged with felony Domestic Violence Disorderly Conduct. Client was facing prison time. Charge reduced to misdemeanor with no jail.

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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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