Los Angeles, CA asked in Domestic Violence for Arizona

Q: How do i fight a protection order that doesnt even have my name right. Its a totally different last name &mispelledfirst

My fiances aunt falsely accused us of threatening her and didnt get any of my info right. She has mental health issues and doesnt pay rent at all yet she lives with us and got us immediately removed. Am i allowed to go back to my and his house because of that? How is it she is allowed to stay in our home when she pays nothing on rent

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2 Lawyer Answers
John R Gaertner Jr
John R Gaertner Jr
Answered
  • Domestic Violence Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: File a request for a hearing in the court that issued the Order of Protection. The Aunt has the burden to prove her allegations against you.

Randi Sirlin
Randi Sirlin
Answered
  • Phoenix, AZ
  • Licensed in Arizona

A: While I am not able to give you legal advice, I can provide information to help You. You can request a hearing on the Order of Protection or Injunction against Harassment.

If you do not want her living there, but do not have a lease, I recommend you give her notice, in writing, certified mail, return requested (keep the return document) that she has 7 days to remove herself from the home.

In fighting the Order of Protection, you need to let the Court know that you live there, so any order would need to be tailored to the fact that you live in your home, such as keeping you from entering her bedroom.

The 2018 Rules of Order of Protections are found at azcourts.gov, under Rules.

If you have additional questions, please contact me at 602-561-8107..

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