Arizona Protective Orders, Types of Restraining Orders, and Orders of Protections
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Orders of Protection, Restraining Orders in Arizona
If you want to get a protective order, also known as a restraining order in Arizona, you need to understand what a protective order is and the types of protection it provides. Protective orders in Arizona are designed to restrain the subjects from harassing or perpetrating domestic violence against specific people or groups of individuals.
If you want to get help securing a restraining order in Arizona, call the attorneys at Colburn Hintze Maletta today.
What is a Protective Order (Order of Protection) Arizona?
Under ARS 13-3602, an order of protection (a.k.a. protective order) may be granted if the court makes one of the following findings:
- The subject might commit an act of domestic violence;
- The subject has committed an act of domestic violence within the past year, or longer with good cause, against the person seeking protection.
To get a protection order, you must have a qualifying relationship with the person against whom you are seeking the order. People who can seek protection orders include those with the following relationships with the people from whom they are seeking protection:
- A person who lives or has lived with the other
- Sexual or romantic partner
- A person who is pregnant by the person or shares a child with him or her
- Parent, in-law, grandparent, or sibling
A parent can also ask the court for a protection order to protect a child. To get a restraining order in Arizona, you must file a petition for a protective order with the court. This request will be reviewed by a judge, and the judge will issue a decision on the same day.
If the judge grants your request and issues an order, it must be served on the restrained party. The court may then, if requested by the defendant, set an evidentiary to determine whether, based on the evidence and testimony presented, the order of protection should be dismissed (quashed; revoked), modified, or affirmed (upheld).
The attorneys at Colburn Hintze Maletta are experienced in helping people to secure and defend against protective orders.. If you need assistance obtaining or challenging a restraining order in Arizona, contact us today for immediate help.
How To Get A Restraining Order: A Step-By-Step Guide
- Determine eligibility: To be eligible for a restraining order, you must have a qualifying relationship with the person you seek protection from. This may include a spouse, ex-spouse, cohabitant, romantic partner, someone you share a child with, a relative, or an in-law. Parents can also request a protection order on behalf of their child.
- File a petition: To obtain a restraining order in Arizona, submit a petition for a protective order to the appropriate court. Ensure that you provide all necessary information and explain the reasons for requesting the order.
- Await the judge’s decision: After filing the petition, a judge will review your request and make a decision on the same day. If the judge approves the restraining order, you will receive further instructions on the next steps.
- Serve the restraining order: Once the restraining order is granted, the person you seek protection from must be served with the court documents. This ensures they are aware of the order and its conditions.
- Attend court hearings: Be prepared to attend any court hearings related to your restraining order. This may involve presenting evidence or testimony to support your request for protection.
- Follow up and maintain the order: Ensure that you comply with the terms of the restraining order and report any violations to the authorities. Keep the order up-to-date and renew it as needed to ensure continued protection.
What Will a Protective Order Do?
If the judge grants a request for a restraining order in Arizona, he or she can order several types of relief. Some of the options available to the judge include the following:
- Enjoining (preventing) the subject of the protection order from committing any acts of domestic violence
- Granting the protected person sole and exclusive use of the shared residence
- Restraining the subject from going to the protected person’s home, workplace, or school
- Prohibiting the subject from possessing firearms
- Requiring the subject to complete a domestic violence treatment program following a hearing
- Granting the protected person sole and exclusive ownership of pets
- Granting any other relief deemed necessary and appropriate
What Must be Included in a Petition for a Protective Order?
To get a protection order, you must submit a verified petition (signed under oath and penalty of perjury) to the court. While any court in Arizona can issue a protective order, you might want to file your petition in the same court where you have other pending cases.
For example, if you are going through a divorce with the person from whom you are seeking protection, you should file your petition in the court where that case is being handled.
In the verified petition, you must include the following information:
- Your name
- The defendant’s name and address
- Statement about each act of domestic violence with dates
- Your relationship with the defendant and whether you have any pending action against him or her
- Name of any court from which you have previously sought protection
- The relief you are seeking
When you file your petition, you will be required to give your address to the court so that you can be contacted. However, your address will not appear in your petition, and the court will keep it sealed in a separate file from your petition.
When you talk about previous acts of domestic violence, it is important for you to be specific. You are much likelier to receive a protective order if you give specific details and can back them up with evidence. Additionally, if a hearing is requested, you may only be allowed to testify and present evidence related to allegations asserted in your petition.
Protective order hearings are normally held within ten days of being requested. If the court grants your petition, you will be given a temporary protective order. You must then have it served on the restrained party before it will be effective. The defendant will then have the opportunity to request a hearing and challenge the order.
If the court grants the order following the hearing, it will last for one year. If it is denied, the protection order will no longer be effective.
What Happens if the Restrained Person Violates the Protection Order?
If the restrained person violates a protection order while it is still in effect, it is a class 1 misdemeanor. The person can be immediately taken into custody and held until the court decides whether to release him or her.
If the person is convicted of a protection order violation, he or she will face up to six months in jail, a fine of up to $2,500, and a surcharge of 84%.
Other Types of Restraining Order in Arizona
If you do not have a qualifying relationship with the person from whom you need protection, there are a couple of other types of restraining orders that might be available to you.
Another type of order of protection in Arizona is an injunction against harassment. Found in ARS 12-1809, an injunction against harassment can be issued against any non-qualifying thirdy-party and is meant to prevent the restrained party from harassing the protected party.
To get this type of restraining order, the plaintiff must file a verified petition for injunction with the court. At least two acts of harassment must have happened within the last year.
You can also get an injunction against workplace harassment to prevent the restrained person from harassing you at your job. An employer can ask for this type of injunction to keep a party away from a business.
Get Help from Colburn Hintze Maletta with an Order of Protection
If you need to get a protective order in Arizona, it is a good idea to talk to an experienced attorney. An experienced family law lawyer can help you gather and present evidence to support your reasons for needing or challenging a protective order..
Contact Colburn Hintze Maletta today by calling us at (602) 825-2500
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