This is the second post in my series on the handling of Phoenix charges for violating an order of protection. My last post provided an overview of topics we will be discussing in our coming posts and stressed the need to contact an attorney if you find yourself facing charges. In this post I will touch on another important topic – why such matters should be taken seriously. I cannot stress enough that one charged with violation of a TPO should immediately contact a criminal defense lawyer.
It is not a “private matter” when one is charged with violation of an order of protection in Phoenix, Scottsdale, Tuscon or elsewhere
Many make the mistake of thinking that it is a private matter between two parties when one is charged with violating an order of protection. This is not the case. A TPO is an order issued by a Judge. Issuance of such an order, therefore, means that the Court has involved itself in your affairs. Violation of a TPO, in turn, means that the Court’s Order has been violated and such is a criminal offense in Arizona. This is a Class 1 misdemeanor under ARS 13-2810. Such a charge carries a penalty of up to six months in jail and a fine of up to $2,500. One may also face additional charges such as stalking or criminal trespassing as a result. In other words, this is not a private matter between two parties.
If you have been charged with violation of a restraining order then it is crucial that you retain a defense attorney. Many making the mistake of showing up to Court and thinking that the Judge will see the situation as a trivial matter. These defendants are surprised when they learn the gravity of their situation. I regularly handle such matters in Phoenix, Scottsdale, Tuscon, as well as in other Maricopa County cities such as Mesa, Glendale, Chandler, and Gilbert. At your initial consultation I will determine your side of the story and begin to formulate a defense on your behalf. Contact my office today to speak with a lawyer.
Arizona Judges take protective order violations cases seriously out of concern for public safety
Protective order violation cases are taken seriously by Arizona Judges for good reason. This is true whether one is facing misdemeanor charges in Justice Court or City Court. It must be understood that many crimes of extreme violence occur when there is an order of protection in place. Judges approach violation cases with extreme caution because they have no way of knowing which case could potentially wind up in a death or serious injury. As such, the defendant in such a case must understand that the Court will be viewing them with an eye of extreme caution and that evidence of the situation must be presented in one’s defense. For these reasons it is crucial to seek legal representation.