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Order Of Protection
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Order of Protection in Arizona
An Order of Protection is commonly referred to as a Restraining Order, Protective Order, or Injunction Against Harassment. Essentially, it is a court order with the purpose of protecting the safety and well-being of one or more persons who are being harmed, threatened, or harassed by another person. You may need to obtain an Order of Protection if your spouse, ex-spouse, or the other parent has physically, emotionally, or verbally committed domestic violence against you or your children.
An Order of Protection can limit contact and communication with another person, including restricting them from coming to your house, your work, or within close-proximity to you. It may also prevent a person from communicating with or coming near other individuals, such as your children. Under A.R.S § 13-3602, if the person violates the Order of Protection it can result in legal consequences for the offender, such as jail time.
Injunction Against Harassment
While an Order of Protection involves family members or those with a close relationship to you, there may be times where you will need protection from individuals that are not family members. For example, a significant other the individual that you have a child with may be violent, stalking, or harassing you. When the parties are not related through blood or marriage, or when the person does not have a child in common, the restraining order is called an Injunction Against Harassment. The protection offered and the process for obtaining an Injunction Against Harassment is very similar to that of an Order of Protection.
Obtaining an Order of Protection
To obtain an Order of Protection, you will need to submit a Petition for Order of Protection at the courthouse. In the petition, you will need to include detailed information of at least 3 examples of what the other person has done to you in the past 12 months. You should include details on how the person has caused physical harm, threatened to cause harm, or has harassed you or your family to the point that you fear for you and/or your children’s safety and well-being. The Order of Protection should include information about specific locations where you want the protective order to apply and it should include the individuals you want protected.
Defending Against an Order of Protection
It is usually not too difficult for a person to obtain an Order of Protection since the Court has only heard one side of the story. If you have had an Order of Protection issued against you and wish to have it dismissed, you must file a Request for Hearing. An evidentiary hearing will typically be scheduled within 5 to 10 days where you can present your side of the story and the Court will decide if the Order of Protection should remain in place or be dismissed.
Need Assistance with a Protection Order?
If you or your children are victims of domestic violence it may be very difficult to face your abuser. At the Law Office of Austin White, we will advocate on your behalf to ensure that an order is in place to protect your family and help prevent future abuse. If you have any questions on obtaining a protection order or defending against an improperly obtained restraining order, contact us today at (480) 788-0633 to speak directly with our compassionate family law attorney or fill out our online form here.