DA v. AA – Petition for Order of Protection dismissed

Cindy CastilloCase Successes, Order of Protection

Practice Area: Criminal Law / Order of Protection
Date: October 3, 2017
Court: Maricopa County Superior Court
Outcome: Petition for Order of Protection dismissed
Description: AA was going through a divorce with DA when she came to Castillo Law for assistance in challenging the Petition for an Order of Protection that DA filed on behalf of their children. In the petition, DA alleged that AA was physically abusing the children while in her care. Based upon DA’s lack of evidence for the allegations, Ms. Castillo requested a hearing challenging said allegations and DA’s attorneys filed a motion to withdraw the Petition just prior to the Pre-Issuance Hearing. Accordingly, the judge dismissed the Petition for the Order of Protection and also granted Ms. Castillo permission to file an Application and Affidavit for attorney’s fees. Ms. Castillo requested attorney’s fees be awarded to AA to deter DA from continuing to file petitions without merit in the future. On December 14, 2017, the Judge issued a judgment in favor of AA and against DA for full compensation of all attorney’s fees and costs incurred by AA defending this matter.
Results depend upon factors unique to each case. Results in one case do not predict results in another case.