Helping You Understand Your Options
A protective order, or restraining order, is issued to keep an abusive person away from another individual in order to keep them safe. This can be a vital tool for victims in need of help. Unfortunately, sometimes a protective order is unfounded and filed with ill-intent by someone seeking revenge. An order of protection can greatly impact your life and restrict your ability to see loved ones, enter your home or handle a firearm. Individuals can contest an order of protection.
At my Tucson law firm, the Law Offices of Patrick Alan Moran, I offer a compassionate, yet aggressive defense for individuals wrongfully accused and affected by these orders. Using proven strategies learned in the decade I have practiced as a criminal defense attorney, I will advocate for your rights and seek a positive outcome to help you both now and well into the future.
Fighting A Protective Order
If you have been unfairly served a protective order or believe that the conditions listed in the order are unjust, you have the right to fight the order. You should take the following steps:
- Contact a lawyer. Fighting back against an order requires a timely response and strategic plan of action. An experienced attorney will know what course of action to take and how to advise you so that you have the best chance of obtaining a favorable outcome. You will want to listen to their advice, keep the lines of communication open and be honest.
- Know what type of protective order you have received and what it says. There are three types of orders: emergency, preliminary and permanent. You should understand why you’ve received the order and what elements the order contains.
- Know your rights. You have the right to request a hearing. This request should be made promptly, and the hearing will be held within 5-10 days. A judge can dismiss or modify the order. If the order requires you to vacate your home, you have the right to collect your belongings, however you may have to do so with law enforcement present.
- Gather evidence. If you have any evidence, such as photos, videos, clothing, social media posts, emails, phone records or other materials, to help back your side of the story, you should collect these items and share them with your lawyer. If there are any materials that may be unfavorable, do not destroy them as that can make you look guilty.
- Avoid character attacks and criticisms. This situation is often stressful and possibly infuriating. Don’t let your emotions get the better of you. Do not post anything on social media regarding the other party or your situation. Do not name-call or make personal attacks online, verbally or through your testimony.
- Comply with the order. Even if you disagree with the order and are currently working with an attorney to fight it, you should obey all of the conditions.
Protective orders are public record and should not be taken lightly. Having one against you could potentially negatively impact your career and future opportunities.
Don’t Face The Battle Alone
I understand what is at stake and want to invest in bettering your future. I have extensive experience representing clients in court and am acquainted with judges and prosecutors. My time spent as a defense lawyer has given me the knowledge needed to bring a satisfactory result, limiting the damage caused.
Contact my office by email or phone at 520-812-6987 today to schedule a free consultation to discuss your specific charges. I serve clients throughout Pima, Santa Cruz, Pinal, Graham and Cochise counties in Arizona.