1839 S. Alma School Road
Suite 264
Mesa, Arizona 85210
(480) 374-8747
(602) 357-8606 (espanol)
177 N. Church Ave
Suite 312
Tucson, AZ 85701
(520) 468-6668
(602) 357-8606(espanol)

Modifying Restraining Order Conditions

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: Then how fast can you modify the restraining order conditions?

Acacia Law: It depends on the judge. Some judges will take an oral modification under consideration quickly and when I say oral that means there is no written motion, it's just a motion by counsel to modify. I've done that before. I've had that work. The other way that you can modify it is to do it in what is standard under the rules, which is you do a motion to modify release conditions or motion to modify court orders in reference to domestic violence. And these motions are similar to the type of motions you would make if you were trying to modify a probation in a felony case. You're asking for a change in the court's position on the restrictions placed on the individual. Okay?

… So what happens is that when those things are put in place, the person who is being charged is "served" with it. Just like you could be served with a civil suit, once a sheriff or a sheriff's deputy or a municipal police officer hands you restrictions, which again are tantamount to a restraining order usually to some degree, once it's handed to you and you have it in your hand, you've been served and for that point on you must comply.

And again since most people who are involved in these domestic instances don't go anywhere, they don't think they're going to jail that night because they don't even know that is the standard policy, they end up getting these restrictions placed on before they even have a chance to blink. So what we do by filing a motion to modify in writing, we the court has ten business days, that's by law, to respond in writing to our motion. And then either the court will grant it, deny it, or set it for oral argument and then make a decision. Sometimes the judge will need testimony to determine what [inaudible 35:34].