Orders of Protection Lawyer in Arizona
Michael Frame can fight for your rights when an order of protection is issued against you.
In many ways defending against an order of protection or an injunction against harassment is more like a criminal case than a civil protective order. This order, if remains in effect, is for one year and not modifiable unless the protected party consents to altering it.
Most of the time, Orders are issued based on the claims of one person, without the Judge hearing from both sides.
Presumption in Favor of Keeping Order in Effect.
Courts will generally keep orders of protection in place unless the challenger presents an overwhelming amount of evidence to discredit the petitioner. Judges generally feel that it is just plain safer and easier to leave the order in effect. After all, if the order of protection is kept in place, the most they risk is the accused's frustration. If they remove it, they may open the door to violence.
Some Orders are legitimate and necessary for the protection and welfare of a client, children or work place. Michael Frame fights to keep a clients Order in place, and successfully protecting a client in their time of need.
Attacking an Order of Protection.
Under the rules you are only entitled to challenge an order of protection one time. If you lose, you can't go back for a second "bite at the apple." Because of this, it is important that you don't waste your one chance to attack the order.
Some Orders are based on persons false, exaggerated or vindictive testimony (unknown to the Court) which can successfully challenged and defeated, and possibility dismissed, as Michael Frame has achieved on many occasions.
Remember, your gun rights may also be affected by the enforcement or issuance of an Order of Protection or Injunction Against Harassment.
Michael Frame, is a former prosecutor, and he has a vast amount of experience with both criminal law and family law cases. Because of this experience in assisting clients both defending or obtaining the issuance of an Order of Protection or Injunction Against Harassment
If you have been served with an order of protection, we can help. Michael Frame is committed to protecting you from the adverse effects of orders of protection.
Do Not Face Your Hearing to Contest Orders of Protection Alone. I Can Help.
Order of Protection and Your Divorce or Custody Proceeding.
Your hearing may be a brief part of your divorce process, neighbor dispute or the bad end of a relationship, but the consequences can be large. An order of protection can lead to:
- Denial of the right to enter your home and visit your children
- Loss or removal from your own home for one year
- Loss of child custody and/or parenting time with your children
- Loss of gun rights, and surrender of firearms and ammo
- Restriction of your parenting time to only supervised visitation
- Loss of job, or ability to hold certain
- Loss of your ability to obtain joint custody from the court in your divorce
Without question, an order of protection can cause real and far-reaching problems during a divorce. For instance, it is difficult for a party to obtain exclusive rights to a home during a divorce. However, if one spouse obtains an order for protection, exclusive use of the home may be gained automatically and at little cost.
Michael Frame can work closely with you to learn what really happened during the instance of alleged domestic violence. We can present a prepared and persuasive argument at your hearing as to why the order should be overturned, or enforced.