How Can I Get My House Back After a Protective Order?

Question from Homeowner, How Can I Get My House Back After a Protective Order?

Answer from AI:

If your live-in girlfriend has obtained a protective order against you in Arizona, resulting in your removal from your home, there are several steps you can take to address the situation. This guide will provide a general overview of the process, but it is crucial to consult with a legal professional for personalized advice.

Understanding Protective Orders

A protective order, also known as an order of protection, is a legal order issued by a court to protect an individual from harassment, abuse, or threats. In Arizona, protective orders can include provisions that require the alleged abuser to leave a shared residence.

Steps to Challenge the Protective Order

If you believe the protective order was unjustly granted, you have the right to challenge it. Here are the general steps you can take:

1. Request a Hearing: You have the right to request a hearing to contest the protective order. In Arizona, you must file a request for a hearing within 10 days of being served with the order. The court will then schedule a hearing, usually within 5 to 10 days.
2. Gather Evidence: Collect any evidence that supports your case. This may include text messages, emails, witness statements, or any other documentation that can demonstrate your side of the story.
3. Attend the Hearing: At the hearing, both you and your girlfriend will have the opportunity to present your cases. Be prepared to explain why the protective order should be modified or dismissed.
4. Follow Court Orders: Until the hearing, it is crucial to comply with the terms of the protective order. Violating the order can result in criminal charges and negatively impact your case.

Legal Resources and Assistance

Navigating the legal system can be complex, especially in cases involving protective orders. Here are some resources that may help:

• Arizona Courts – Orders of Protection: This page provides detailed information about protective orders in Arizona, including how to request a hearing.
• AZLawHelp – Protective Orders: This resource offers general information and FAQs about protective orders in Arizona.
• Arizona State Bar – Find a Lawyer: Use this tool to find a qualified attorney who can provide personalized legal advice.

Considerations for Child Custody and Support

Since you have children with your girlfriend, the protective order may also impact child custody and support arrangements. It is essential to address these issues separately:

1. File for Custody: If you believe the current arrangement is not in the best interest of your children, you can file for custody or modify existing custody orders.
2. Seek Mediation: Mediation can be a helpful way to resolve disputes related to custody and support without going to court.
3. Consult a Family Law Attorney: An attorney specializing in family law can provide guidance on how to navigate custody and support issues in the context of a protective order.

When to Seek Legal Advice

Given the complexity and potential consequences of challenging a protective order, it is highly recommended to seek legal advice. An attorney can help you understand your rights, prepare for the hearing, and represent you in court.

Remember, this guide provides general information and should not be considered legal advice. For personalized assistance, consult with a legal professional who can help you navigate your specific situation.