As family lawyers, we at the Law Office of Austin White often see firsthand the toll domestic violence takes on individuals and families. Domestic violence can have devastating emotional, physical, and psychological impacts on victims. In Arizona, the law provides a crucial tool for protection against domestic violence: protection orders, also known as restraining orders. If you or a loved one is experiencing domestic abuse, it’s essential to understand how these orders work and how they can help safeguard your rights and safety.

What is a Protection Order?

A protection order, commonly referred to as an “Order of Protection” in Arizona, is a legal document issued by a court that restricts a person (the “defendant”) from committing acts of domestic violence against the petitioner (the victim). These orders are intended to provide immediate protection from an abuser and can encompass a variety of legal restrictions, including no-contact provisions, orders to vacate a shared home, and temporary child custody arrangements.

Who Can Apply for an Order of Protection?

In Arizona, an Order of Protection is available to individuals who have a specific relationship with the defendant. This includes:

• Current or former spouses
• People who live together or have lived together
• Individuals with a child in common
• People related by blood, marriage, or court order
• Individuals who are or were in a romantic or sexual relationship

Arizona law recognizes the complexity of domestic relationships, allowing victims of abuse to seek protection regardless of the specific nature of their relationship with the abuser. Seeking professional resources including an experienced domestic violence lawyer is recommended.

Types of Domestic Violence Protection Orders in Arizona

Arizona offers different types of protection orders to address the various circumstances victims may face:

1. Order of Protection: This is the most common form of protection against domestic violence. It is designed to prevent further abuse by limiting the abuser’s contact with the victim. This order is available when the victim has or had a domestic relationship with the abuser and when the victim is experiencing or has experienced domestic violence.
2. Emergency Order of Protection (EOP): This is issued when a person is in immediate danger, often outside of regular court hours. Law enforcement officers typically assist in obtaining an EOP, and it provides temporary protection until a longer-term hearing can be scheduled.
3. Injunction Against Harassment (IAH): While this order does not require a domestic relationship between the parties, it is often used when the victim experiences harassment, such as stalking or repeated unwanted contact.
4. Injunction Against Workplace Harassment: Employers can use this type of injunction to protect employees from harassment in the workplace, which can include domestic violence-related threats or actions.

The Legal Process for Obtaining an Order of Protection

To obtain an Order of Protection in Arizona, a victim must file a petition with a local court. The process typically includes the following steps:

1. Filing the Petition: The first step is to file a petition with the court, detailing the abusive behavior. The petition must include specific information about the relationship between the victim and the abuser, as well as any incidents of violence, threats, or harassment.
2. Hearing or Judge Review: In most cases, a judge will review the petition and decide whether to grant the order without requiring a formal hearing. If the judge believes the petition establishes grounds for protection, they may issue the order immediately. In some cases, the court may schedule a hearing if more information is needed.
3. Serving the Order: Once the court issues the protection order, the defendant must be formally notified (served) for the order to take effect. Law enforcement or a process server typically handles this.
4. Court Hearing: After the defendant has been served, they have the right to request a hearing to contest the order. If requested, the court will schedule a hearing where both parties can present evidence and testimony.

What Can an Order of Protection Do?

An Order of Protection can include various provisions depending on the circumstances of the case. Common provisions include:

• No-contact order: The defendant is prohibited from contacting the victim in any way, including phone calls, emails, texts, or physical contact.
• Stay-away order: The defendant is required to stay a certain distance away from the victim’s home, workplace, or other specified locations.
• Removal from the home: If the victim and the defendant share a residence, the court may order the defendant to move out, even if they legally own or lease the property.
• Temporary child custody: If children are involved, the court may issue temporary custody arrangements to protect the victim and the children.
• Surrender of firearms: Arizona law may require the defendant to surrender any firearms or weapons they own.

How Long Does a Protection Order Last?

In Arizona, an Order of Protection typically lasts for one year from the date it is served. During this period, the defendant must comply with all terms of the order. If the victim feels the need for continued protection beyond this time, they can request an extension from the court before the order expires.

Violations of Protection Orders

It is important to note that violating an Order of Protection is a serious offense in Arizona. If the defendant breaches any terms of the order, they can face criminal charges, including jail time, fines, and other penalties. Law enforcement officers take violations seriously and can arrest the abuser if they are found to be in breach of the order.

Why Seek Legal Help?

Navigating the legal process of obtaining a protection order can be challenging, especially for those already facing the stress of domestic violence. At the Law Office of Austin White, we are committed to helping victims protect their safety and their rights. We can guide you through every step of the process, ensuring that you have the best possible protection against further abuse.

If you or someone you know is experiencing domestic violence, don’t hesitate to reach out for help. Contact the Law Office of Austin White today for a confidential consultation, and let us provide the legal support you need to regain your sense of safety and security.