What Proof Helps You Obtain or Challenge an Order of Protection?

Getting or challenging an Order of Protection in Arizona isn’t simple. Both require proof and strong arguments, and a Casa Grande, AZ order of protection attorney is the best help you can have.

Proof and Evidence for Getting an Order of Protection

Your petition for an Order of Protection must allege specific acts of domestic violence, and these must have occurred within the past year in most cases (though you can exclude from this time frame any time the defendant was incarcerated or out of the state).

An initial order can be granted based solely on that petition, if it shows reasonable cause, but you’ll need supporting evidence both to strengthen your case and to get final orders in place, which happens after a hearing. Useful proof includes:

• Documentary Evidence: This would be things like police reports; medical records from your injuries; and emails, texts, or social media showing threats or harassment.
• Visual or Audio Evidence: Photos of any injuries or property damage, videos of incidents, or audio recordings of threats can all be very persuasive.
• Witness Statements: Affidavits from people who saw or heard the events will go a long way with the court, particularly if those parties seem unbiased.

Challenging an Order of Protection in Arizona

If you’ve been served with an Order of Protection, you (the defendant) have the right to contest it through a hearing. Be aware that the court may lay down temporary immediate orders until a full hearing can be held. Even if you know you’re completely innocent and the protection order is spurious, you must not violate those temporary orders. Doing so can only harm your case and make it much more difficult to challenge the order.

Challenging Plaintiff Evidence

At the hearing, all relevant evidence is typically considered admissible unless it’s unfairly prejudicial, confusing, or unreliable. You’ll need an attorney to help you decide what evidence to challenge on these grounds. Good evidence for rebutting the claims of the other side would include, first, any alibis you might have for times when they are alleging abuse. Timestamps, receipts, or GPS data that can show you were present elsewhere when you were supposedly doing the domestic abuse will be very persuasive.

You’ll also want to marshal any evidence you have contradicting the plaintiff’s claims, like texts showing you had their consent to visit. Statements from witnesses who can testify that no violence occurred or that the plaintiff misrepresented events will also help you challenge an order, and your lawyer may also cross-examine witnesses for the other side to reveal where their testimony is inconsistent. Character witnesses can also be helpful, and your lawyer will highlight any gaps in the plaintiff’s evidence, such as if there’s no photographic or medical record evidence for injuries they’re claiming.

Talk to a Casa Grande, AZ Order of Protection Attorney

Whatever your situation, we’re ready to help. Call the Law Office of Vincent Mattiol Casa Grande or Gilbert, AZ today to request a free consultation.

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