IF YOU ARE A PLEA MEMBER , YOU ARE COVERED FOR ORDER OF PROTECTION DEFENSE , AND PLEA ’ S ATTORNEYS ARE WILLING AND ABLE TO ASSIST YOU WITH YOUR CASE AND HELP YOU DECIDE THE BEST LEGAL OPTIONS TO TAKE .
Orders Of Protections Cont .
SHOULD ORDERS OF PROTECTION BE FOUGHT ?
Glad you asked . Again , as advised at the beginning of this protective order overview , every case is unique and each defendant has different evidentiary support , so only an attorney who practices in Arizona should be providing you legal advice regarding a hearing of an order of protection .
IF YOU ARE A PLEA MEMBER , YOU ARE COVERED FOR ORDER OF PROTECTION DEFENSE , AND PLEA ’ S ATTORNEYS ARE WILLING AND ABLE TO ASSIST YOU WITH YOUR CASE AND HELP YOU DECIDE THE BEST LEGAL OPTIONS TO TAKE .
So , why won ’ t you just march down to the court and file a request to be heard ? First , a defendant has two ( 2 ) years to request a hearing on the merits . Second , the ramifications to a police officer are devastating if you do not prevail . Let ’ s discuss the ramifications of an Order of Protection .
If a defendant is served with an Order of Protection and , within a day or two , files a request to be heard in a court of law , the court is required by law to hear the case within ten ( 10 ) days from the date of the defendant ’ s request . If exclusive use of the home was awarded to the plaintiff , the hearing shall be held within five ( 5 ) days from the date the defendant requested a hearing . See A . R . S . 13-3602 ( L ). Remember , the defendant is entitled to one ( 1 ) hearing on written request . The court is not required to grant a continuance .
Now , let ’ s say the defendant requested a hearing . That hearing is a full hearing / trial in front of a judge , who just signed the plaintiff ’ s petition for the order of protection a few days earlier . What evidence does the defendant have to refute the plaintiff ’ s claims ? The defendant can ’ t just go in and say the plaintiff is lying . There must be evidentiary support to dismiss / quash an order of protection . It must be more than words . The protective order hearing is literally a trial with direct examination and cross examination along with the submission of evidence . That trial can be set on the docket to be heard before the judge for a 15-minute hearing or a 6-hour hearing depending on the case . In the Maricopa County Superior Court , the judges usually request the evidence to be submitted prior to the hearing .
Usually , the defendant is not prepared , and the judge will find that , more likely than not , something happened between the two and the order will remain in place . Okay , so for the public , unless the defendant is a hunter or competitive shooter , the order of protection has little to no effect on the defendant ; however , for sworn law enforcement , the judge ’ s ruling caused 18 U . S . C . § 922 ( g ) ( 8 ) and A . R . S . § 13-3602 ( G )( 4 ) to attach — the defendant is now a prohibited possessor for the remainder of the order .
To paraphrase 18 U . S . C . § 922 ( d )( 8 ) - ( 9 ) and ( g )( 8 ), a defendant to a court order such as an order of protection that restrains the defendant from harassing , stalking , or threatening an intimate partner , or child , or person , or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child , where the person represents a credible threat to the physical safety of such intimate partner or child , or prohibits the use , attempted use , or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury , where the order was issued by a judge after a hearing where a defendant received actual notice or requested the hearing , and the defendant had an opportunity to participate and present evidentiary support , the defendant shall be prohibited to carry , possess , transport , or use a firearm or ammunition . In other words , the defendant is now a prohibited possessor . As law enforcement , AZPOST will revoke the officer ’ s certification , and the defendant officer just lost his / her career .
So , what ’ s your rush ! Do it right the first time and save your career . A defendant doesn ’ t need to request a hearing right away . A defendant has two ( 2 ) years to request a hearing . Remember , if the plaintiff does not show up to a hearing after the court has notified the plaintiff , the order of protection will , by default , be dismissed . Time can help the defendant in an order of protection . As the cooling off period can allow the plaintiff to move on with his / her life ,
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