Restraining Orders
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Restraining Orders in Arizona
What is a restraining order? What is its purpose?
When a family member or relationship partner engages in violent behaviors, stalking, or harassment, the Arizona court may step in and issue a restraining order. No individual should be afraid for his/her safety, or fear emotional or physical danger or violence. Seek the assistance and professional experience of our law firm if you have questions about a restraining order, or wish to file a petition. We will protect your rights and focus on your safety. Or law firm has experience in serious situations that require immediate legal attention such as restraining orders.
A restraining order is also commonly called an order of protection. This order serves as a defense against violence and harassment. The restraining order is a civil order that prevents contact between the person filing the order, and the defendant named in the case. There are certain conditions that must be met in order to file a restraining order. Any court in the state of Arizona can issue and enforce an order of protection for Arizona residents. Under Arizona law, there is no fee, but the following requirements must be met to file:
- The restraining order petition must be filed in writing and verified.
- The defendant named (person the order is filed against) must be over the age of 12 — with the exception of an order granted by the juvenile court)
- The order petition may only be filed against one person.
Because a restraining order prohibits contact between the victim and the defendant, it is an effective legal means of defending a victim. A restraining order may include specific conditions, and the court may require the defendant to complete an intervention program. The order of protection and the court has the right to stop the defendant from using a common residence, owning a firearm, and taking or contacting pets. A court may set the limit on the distance in which the defendant must keep from the victim.
Certain contact is prohibited between the defendant and the victim. Sometimes no contact of any kind is allowed. Other cases may limit contact to only text, phone calls, or email. Persons over the age of 18, parent or guardian may file for a restraining order.
How do I obtain a restraining order in Arizona?
To file for a restraining order in Arizona, contact an attorney. A lawyer experienced in the Arizona law will help you with the paperwork and forms. It is important to achieve the best possible outcome for your case, and filing the appropriate forms will ensure that you get the protective order suitable for your situation.
Next, complete the protective order form and file with any court in Arizona. The paperwork includes a petition, which names the protected individuals, and states the reasons for the order. The petition identifies the nature of the danger and provides specifics and evidence in support of the order. An attorney at our law firm will provide assistance with this petition. Our law team knows the evidence necessary to file a petition, and after filing the order with the court, we will attend the hearing on your behalf. An attorney will know what type of restraining order you need depending on your personal situation. The types of restraining orders include:
- Civil Harassment Restraining order
- Criminal Protective Order
- Domestic Violence Temporary Restraining Order
- Emergency Protective Order
The person filing the restraining order must appear before a judge in order to answer questions about the petition. A judge may inquire about specific incidents listed in the petition. Finally, when the judge grants the order of protection, the defendant is notified and served with the order. Unless the restraining order is served, it is not valid. In Arizona, there is a one year grace period in which to serve a restraining order to the defendant.
Through a thorough free initial consultation, an attorney at our law firm can get an understanding of your situation and immediately start gathering the evidence needed to successfully file a petition for a restraining order. Our focus in this area of the Arizona Law allows us to protect your rights and achieve the best possible outcome for your particular situation.
If you you have been served an order of protection, and feel you have been falsely accused or harassment, we recommend calling our office and setting up a consultation with an attorney. It is important that you have representation at the restraining order hearing. You do have the right to defend yourself, and the lawyer can question the person bringing the order to the court. Ensure you have the proper defense by calling one our lawyers experienced in restraining orders and the Arizona law.
