When it comes to allegations of domestic violence, there are many factors that you need to consider if you are facing charges or another person is trying to obtain a restraining order against you. For starters, you need to review key terms and the different factors that courts take into consideration with respect to domestic violence allegations. For example, when someone is seeking a restraining order, they need to satisfy the requirements set forth in the relationship test.
Unfortunately, many people are falsely accused of domestic violence and these cases are often highly emotional. Moreover, the consequences are devastating, not only in terms of court-imposed repercussions but one’s reputation and emotional well-being.
Looking into the relationship test
On their site, the Arizona Judicial Branch provides helpful information related to restraining orders. Also known as an Order of Protection, one must satisfy the relationship test in order to secure a restraining order against another individual. Various relationships meet the requirements of this test, such as current or former marital partners, household members and sexual or romantic partners. Moreover, the parents of the same child, blood relatives (siblings, parents, etc.) and the biological parents of an unborn child also satisfy the relationship test.
Looking into your options when a restraining order surfaces
If someone has accused you of domestic violence and sought a restraining order, you have the ability to contest the order. It is imperative to prepare for the hearing and present evidence to defend yourself. Sometimes, contesting an order results in the modification or even the dismissal of an Order of Protection.