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How likely will an Order of Protection be overturned should the receiving party contest it?

Tucson, AZ |

I filed against my ex-wife. Divorce completed fully months ago. No children. No further financial issues. Separate homes. I filed due to a sudden influx of harassing phone calls to my work and stalking incidents. I was recommended by my previous attorney and police to file one of these. It was served, cutting all forms of contact except for emails and now she is contesting it. I have police report #'s and such but no experience with this kind of thing. How likely will it be overturned? What else can I do to protect myself and prevent her from affecting my place of employment. She is doing all of this out of spite I believe.

Attorney Answers 1

  1. Hi! I'm an attorney practicing family law in Phoenix. When an individual requests an Order of Protection they do so on an "ex parte basis." This means that the person who the Order of Protection is againist does not have an opportunity to defend themselves or give their side of the story. Once an Order of Protection has been served, the other party has the opportunity to request a hearing on that Order of Protection. The hearing is to allow the other person a chance to be heard and to allow the Court to make an informed decision about whether the Order of Protection should stay in place or be dismissed. In Maricopa County the hearings last between 30 minutes to 1 hour, and evidence is presented. You mentioned you had police reports, this is a good example of evidence. Also, your testimony as to what has happened between your ex-wife and you is evidence the Court will consider. In preparation for the hearing it is a good idea to gather as much physical as you have like police reports, call logs etc. You should also write an outline of events that will help you when you give testimony to the Court. At the hearing, the Court will hear both sides of the story and review the evidence both sides present. The Court will then make a decision whether to keep the Order of Protection in place or to dismiss it. If the Order is kept in place, it will last for 1 year. If not, you may petition again if there is additional activity etc.

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