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    Understanding 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. Our law firm has experience in serious situations that require immediate legal attention such as restraining orders.

    A restraining order, also commonly called an order of protection or protective order procedure, serves as a defense against violence and harassment. This 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 (the 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 have the right to stop the defendant from using a common residence, owning a firearm, and taking or contacting pets. A court may set a limit on the distance 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, parents or guardian may file for a restraining order.

    Filing A Restraining Order In Arizona


    Contact My AZ Family Law Lawyers

    To file for a restraining order in Arizona, contact an attorney. A lawyer experienced in 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.

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    File An Order Of Protection Petition With The Arizona Court

    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 assist 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.

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    Judge Inquiry, & Proper Service

    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.

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    Types Of Restraining Orders


    Civil Harassment Restraining Order


    If you’re dealing with harassment and seeking legal protection in Arizona, a Civil Harassment Restraining Order can provide necessary relief. This order prohibits individuals from engaging in harassment, intimidation, or threats against you, offering legal recourse and peace of mind. Understanding the process and your rights is crucial. Contact our legal team today for guidance on obtaining a Civil Harassment Restraining Order in Arizona.

    Criminal Protective Order


    When facing threats or violence in Arizona, a Criminal Protective Order can offer vital legal protection. This order is issued by the court to prevent further harm by prohibiting contact or proximity from the individual involved in criminal activity against you. Understanding the legal process and your rights is essential. Contact our legal team today for guidance on obtaining a Criminal Protective Order in Arizona.

    Domestic Violence Temporary Restraining Order


    If you’re experiencing domestic violence in Arizona, seeking a Temporary Restraining Order (TRO) can provide immediate legal protection. This order prohibits the abuser from contacting or coming near you, offering a vital safety measure during a turbulent time. Understanding the legal process and your rights is crucial. Contact our legal team today for guidance on obtaining a Domestic Violence Temporary Restraining Order in Arizona.

    Emergency Protective Order


    In urgent situations involving threats or violence, an Emergency Protective Order (EPO) in Arizona offers swift legal protection. This order provides immediate relief by prohibiting contact or proximity from individuals posing a danger. Understanding the legal process and your rights is paramount. Contact our legal team promptly for guidance on obtaining an Emergency Protective Order in Arizona.

    Restraining Orders vs. Injunctions Against Harassment


    In Arizona, individuals seeking legal protection from harassment or threats can choose between obtaining a Restraining Order or an Injunction Against Harassment, depending on their specific circumstances. Both options are designed to provide protection, but they have different criteria and purposes. If you find yourself in a situation where you need to seek or defend against either of these orders in Phoenix or Tucson, Arizona, it’s advisable to consult with an experienced attorney from My Arizona Lawyers, PLLC to ensure your rights are protected.

    Restraining Orders In Arizona:

    A Restraining Order is typically sought in situations involving domestic violence or when there is a close familial or household relationship between the parties.

    It is commonly used to protect victims of abuse, harassment, or threats from family members, spouses, ex-spouses, or individuals with whom the petitioner shares a child.

    The purpose is to establish legal boundaries and restrictions on the respondent’s behavior to prevent contact or proximity to the petitioner and provide safety to the petitioner and any children involved.

    VS

    Against Harassment In Arizona:

    An Injunction Against Harassment is broader in scope and can be sought in cases where there is no familial or household relationship between the parties.

    It is often used in cases of harassment, stalking, or threats from individuals who are not related to the petitioner.

    The purpose is to prohibit the respondent from engaging in specific harassing or intimidating conduct, including but not limited to contact threats, or unwanted communication.

    Reasons For Seeking A Restraining Order
    In Arizona

    People in Arizona may seek a restraining order for various reasons, including but not limited to:

    Domestic Violence:

    Protection from an abusive spouse, partner, or ex-partner.

    Child Custody & Visitation Disputes:

    To establish boundaries and protect children from harm during custody exchanges.

    Harassment:

    Protection from family members or household members who engage in harassment or threats.

    Stalking:

    To prevent stalking behaviors from a family member or partner.

    Child Abuse:

    Protection for a child against an abusive parent or guardian.

    Possible Reasons For Seeking An
    Injunction Against Harassment In Arizona

    Arizona residents in Tucson, Phoenix, Mesa, or throughout Arizona may seek an Injunction Against Harassment for reasons such as:

    1. Stalking: Protection from non-family members who engage in stalking behaviors.
    2. Harassment: To prevent harassment, threats, or intimidation from individuals with no familial or household relationship.
    3. Cyberbullying: Protection from online harassment or cyberbullying.
    4. Neighbor Disputes: In cases of ongoing disputes or harassment from neighbors.
    5. Workplace Harassment: Protection from colleagues or coworkers engaging in harassment outside the workplace.

    The Role Of An Attorney In Arizona
    Restraining Order & Injunction Cases


    In both Arizona Restraining Orders and Arizona Injunction Against Harassment cases, it is crucial to consult with an experienced attorney from My Arizona Lawyers, PLLC, to navigate the legal process effectively. Whether you are seeking protection through a restraining order or defending against one, an attorney can provide essential guidance, advocate for your rights, and help you achieve the best possible outcome in Phoenix or Tucson, Arizona.

    FAQs About Divorce Attorneys


    What Are The Different Types Of Restraining Orders In Arizona?

    Arizona has different types of restraining orders, also known as protective orders, meant for different types of situations. An Order of Protection, or OOP, is meant to protect a person from harassment and abuse by someone close to them, such as a relative, romantic partner, or roommate. An injunction against harassment, or IAH, creates a barrier between more distant relationships such as neighbors or acquaintances when harassment is involved. A workplace injunction against harassment, or workplace IAH, is meant specifically to protect employees in a company from harassment.

    What Are The Requirements To Obtain A Protective Order In Arizona?

    One act of harassment or domestic violence must have occurred for a court in Arizona to issue an OOP. There should be a showing of at least 2 instances of harassment for a court to issue an IAH. However, the court will issue a protective order after 1 incident of sexual violence. A single threat, act of physical harm, or act of property damage is sufficient for a workplace IAH.

    What Is Arizona’s Statute For Orders Of Protection?

    Arizona’s OOP statute is A.R.S. § 13-3602. If you have questions about any of the information in this statute, you can contact our firm for your free consultation here or at 480-470-1504.

    How Long Will My Protective Order Last?

    Arizona’s IAH statute is A.R.S. § 12-1809. . It contains all of the terms and requirements for a person seeking (or defending against) an IAH in Arizona.

    What Is Arizona’s Statute For Injunctions Against Harassment?

    Yes, you can file for divorce in Arizona even if you got married in another state. Arizona has jurisdiction over divorce cases if at least one spouse is a resident of the state or stationed in the state as a member of the armed services. As long as you or your spouse has lived in Arizona for at least 90 days, you can initiate divorce proceedings. The divorce process will be governed by Arizona’s divorce laws and regulations, even if your marriage occurred in a different state. Contact AZ Family Law Lawyer to find an attorney who understands Arizona laws and can navigate the requirements for divorce in the state.

    What Qualifies As Harassment For A Protective Order?

    Harassment is defined in Arizona by A.R.S. § 13-2921. Harassment is knowing and repeated acts meant to alarm, annoy, humiliate, or distress another person. Harassment can occur through verbal, electronic, mechanical, telegraphic, telephonic, or written means. It is considered harassment if one person continues to follow another person throughout a public establishment after being asked to desist. Surveilling another person or interfering with their utilities is also considered harassment in Arizona. Lastly, it is harassment to make false reports to law enforcement, or credit or social service agencies about another person. All of the acts described above are considered class 1 misdemeanor offenses in Arizona. A class 1 misdemeanor is punishable by up to 6 months in jail.

    What Does It Mean To “Quash” A Protective Order?

    A protective order can be quashed, or dismissed, at any time the order is effective by the judge. The plaintiff can request this process occur by filing a Motion to Dismiss or Quash. A plaintiff who wishes to quash their own protective order will need to explain their reasoning to the judge.

    How Far Does The Defendant Have To Stay Away From Me after A Protective Order Has Been Issued?

    The distance that a defendant must avoid will vary based on the protective order. The judge will review the facts of the case to determine how much distance will be effective. It could be a radius, such as 100 yards. The protective order can also list specific locations that the defendant must avoid. The most common examples of locations that might be included in a protective order are the person’s home, workplace, and school.

    Can The Subject Of A Protective Order Contact The Defendant?

    A protective order only creates penalties for a defendant who violates the order to contact the subject. If the subject initiates contact with the defendant, this is still considered a violation of the order which can land the defendant in hot water. A defendant can even request a protective order against the person who obtained a protective order against them.

    What Types Of Evidence Can I Use For A Protective Order Hearing?

    Just like any other legal matter, both parties can provide evidence that either supports or refutes the claims against the defendant. If the police were called to the scene of the incident and issued a police report, this can be used as evidence in a protective order hearing. If there is surveillance footage of the incident in question, including footage from a doorbell camera, this can be furnished as evidence as well. Photos and videos showing the defendant’s conduct or any bodily injury or property damage caused can help a judge decide on a protective order. So can medical records, if the defendant has allegedly caused physical injury to the person seeking the protective order. Witnesses can testify to the events in question and be cross-examined during the hearing.

    How Can I Receive Protection While Waiting For A Protective Order Hearing?

    If you believe you will be in danger while waiting for the court to rule on a protective order, you can request a temporary protective order as a safeguard in the meantime. If the police are called to the scene of the incident outside of court hours, they can call the judge to issue this order.

    Does A Protective Order Interfere With My Firearm Rights?

    When a person seeking a protective order knows that the defendant owns a firearm, they might ask the court to address that in their motion. A protective order can prohibit a defendant from possessing, purchasing, or receiving firearms and ammunition. Here, the defendant could be arrested and charged for possessing a firearm that would otherwise legally be in their possession. This loss of firearm rights will last as long as the protective order lasts unless it is modified or dismissed.

    How Much Does It Cost To Request Or Defend Against A Protective Order?

    There is no cost to initiate or respond to an OOP or IAH in Arizona. However, an employer seeking a workplace IAH may have filing fees associated with its protective order.

    What Is AZPOINT?

    AZPOINT is the Arizona Protective Order Initiation and Notification Tool. It can be used to fill out an OOP, IAH, or workplace IAH. It contains information sheets for both the plaintiff and defendant in a protective order matter. It also contains information for advocacy programs and other resources to help domestic violence victims. There is no fee to use AZPOINT.

    Should I Retain A Lawyer For My Arizona Protective Order?

    A lawyer must provide their client with effective counsel throughout their legal matter. With all that is at stake with an OOP, IAH, or workplace IAH, a lawyer can help their client achieve a positive resolution from an unfortunate situation. A lawyer can also help a party to a protective order matter obtain a modification or dismissal of the order. If you are dealing with a protective order in Arizona and aren’t sure where to turn next, you can discuss your case for free with one of our experienced lawyers. Schedule your free phone consultation here or at 480-470-0155.

    Can The Distance The Defendant Has To Stay Away Be Changed Or Reduced?

    A protective order can be modified to change several aspects, including the distance away from the person that the defendant must maintain. A modification must be issued by the judge- the parties can’t informally agree to modify a protective order outside of court. This is separate from dismissing or quashing a protective order.

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