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How do you get an order of protection off of someone who has been proven through the law to be innocent? Any loopholes, etc?
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It looks like an Order of Protection in Arizona lasts for 1 year. Within this year, the defendant can challenge the Order by filing a written request for a hearing to the Court that imposed the order. I’m not sure there are any loopholes around this. You should consult an attorney based in Arizona that specializes in Order of Protection defense to find out more.
If this is a domestic situation then the above commenter is correct. However, in non-domestic orders I found this:
Injunctions Against Harassment A.R.S. 12-1809
An Injunction Against Harassment is similar procedurally to the Order of Protection but is governed by a different statute and is different in scope. An Injunction is not limited to domestic violence cases. An Injunction often is sought in connection with disputes between neighbors or landlords and tenants.
Unlike Orders of Protection, there is no “relationship test†for issuance of an Injunction. Therefore, the Injunction is frequently used as a protection mechanism for persons not eligible for an Order of Protection, such as unrelated persons.
everyone is correct here. Unfortunately, I’ve had an order of protection placed upon me with an ex. Even though I had evidence on my incident, the person who places the order of protection, has the best chances of winning. The accused must have more than enough evidence (preponderance of evidence) to have it overturned.
IF you are planning on taking further action, ie court/trial, I suggest you obtain a lawyer and request a court reported at the time of the Order of Protection hearing.
Because of the testimonies and transcripts, the state ended up keeping the order of protection , BUT dropping all charges due to her and her “witnesses” committing purgery.
The order of protection only lasts for 1 year and does not go on your record. Stay away from the accuser and you wont be harmed of it.