Arizona Family Lawyer: Restraining Orders
Restraining orders are an important tool that can be used to prevent violence and abuse among family members. However, when used inappropriately, restraining orders can be damaging to a parent and his or her children.
At The Law Offices of Wendy Raquel Hernandez, P.C. in Phoenix, we are able to help clients obtain or modify restraining orders. We also defend clients against the improper imposition of restraining orders.
What Is a Restraining Order?
Also referred to as orders of protection or injunctions, restraining orders are court orders that prohibit the party named in the order from contacting or coming near the person who has obtained the order. Oftentimes, contact can be prohibited by any means, including phone, e-mail, text, letter, in person or through a third party. If the two parties are living together, it is not unusual for the accused person to be forced to leave the family residence, even if the home is titled in his or her name alone.
Help for Victims of Abuse
If you believe you are the victim of domestic violence, please contact our law firm immediately. Attorney Wendy Raquel Hernandez can take swift action to obtain a restraining order to protect you and other members of your family. Restraining orders are often issued in cases involve physical abuse, stalking, harassment, child abuse or emotional abuse.
In cases involving children, we can assist you in modifying a restraining order to allow communication about the children and for the pick up and drop off of the children. Restraining orders can also be modified in cases in which the two parties work at the same location or would like to attend their children's extracurricular and school events, even if the person who obtained the order of protection will be there.
Misuse of Restraining Orders
Far too often, restraining orders are used inappropriately. A mother may request a restraining order against the father over the holidays, for example, so that he cannot see the kids on Christmas.
The vindictive use of restraining orders can backfire. If you requested a restraining order for anything other than a true domestic violence situation, it could result in the loss of child custody rights. Judges can use the misuse of a restraining order as evidence for or against you in a custody battle.
Do not use a restraining order to resolve your child custody issues. Instead, contact The Law Offices of Wendy Raquel Hernandez, P.C., in Phoenix. We can assist you with all of your family law issues.
