Violation of Restraining Orders/Orders of Protection (IJP)
One common consequence of domestic disputes and domestic violence is that alleged victim seeks an Order of Protection / Injunctions Against Harassment. Also called restraining orders, these are Court orders are designed to prevent the alleged abuser from threatening or injuring the other party. They require the defendant to stop all contact with the filing party and in many cases stipulate that the defendant stay a specified distance from the filing party. The Order frequently prevents the accused from returning to his residence and possibly having contact with his children. Violating these orders is a criminal offense known as Interfering with a Judicial Procedure (IJP).
Consequences of IJP
Orders of protection are obtained without the accused involvement in the process. The Order is not legally binding unless you are served. I have successfully defended many clients where they were wrongfully prosecuted as they had no knowledge of the Order of Protection. In many cases the defendant violates the restraining order inadvertently, not knowing that it exists. However, ignorance is seldom a defense. But, I have also successfully defended clients in that situation.
People in such situations find themselves facing a class one misdemeanor charge of interfering with judicial procedure (IJP) under Arizona statute 13-2810. If convicted, they can be sentenced to a maximum of six months in jail and a hefty fine. It is important to find a defense lawyer with significant knowledge and experience in domestic violence matters. A conviction can also affect child custody and immigration status.
Certified and Experienced Criminal Defense Lawyer
I am attorney, and Board Certified Criminal Law Specialist, Howard Snader. I have been defending clients against domestic violence charges for many years, including IJP charges arising from domestic disputes. Practicing criminal law in the Phoenix area since 1990, I am also certified as a Criminal Law Specialist by the Arizona Board of Legal Specialization. Additionally, I am a former Maricopa County deputy prosecutor. I use all my knowledge and experience to fight charges of interfering with judicial procedure after violating an order of protection.
How an Attorney Can Defend Against IJP Charges
Because of my in-depth knowledge of Arizona criminal law, I am often able to have charges dismissed because the arresting officer failed to follow correct procedures. For example, the defendant may have not have been properly served, the Order may be defective on its face, or the police were unable or incompetent to investigate the accusations properly. I use these and other defenses to develop strong arguments for dismissal or reduction of charges. And when necessary, I will fight the case at trial to obtain justice for my client.
Contact a Criminal Law Expert
For a vigorous defense against charges of interfering with a judicial procedure, contact the Law Offices of Howard A. Snader, LLC.
Call 602-957-3300 or contact me online for an initial consultation to discuss your criminal law matter.
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