Domestic violence is a serious problem that affects many people in Arizona. It is a crime that can have devastating consequences for victims and their families. If you are a victim of domestic violence, you may be able to obtain a protection order to help keep you safe. In this article, we will discuss what protection orders are, how they work in Arizona, and what steps you can take to obtain one.
What is a Protection Order?
A protection order, also known as a restraining order, is a legal order issued by a court that orders a person to stop certain actions and behaviors toward another person. In the case of domestic violence, a protection order is designed to protect a victim from further harm by prohibiting the abuser from contacting or coming near the victim. Protection orders are legal documents that can be enforced by law enforcement.
How Do Protection Orders Work in Arizona?
In Arizona, protection orders are granted through the court system. To obtain a protection order, a victim must file a petition with the court. The petition will ask for information about the victim, the abuser, and the specific incidents of domestic violence that have occurred. The court will review the petition and may issue a temporary order that goes into effect immediately. A hearing will then be scheduled, usually within a few weeks, to determine if a permanent order should be granted.
If the court grants a protection order, it will specify the terms of the order. This may include prohibiting the abuser from contacting the victim in any way, staying away from the victim’s home or workplace, and surrendering any firearms or weapons. If the abuser violates the protection order, they can be arrested and charged with a crime.
How to Obtain a Protection Order in Arizona
If you are a victim of domestic violence, there are steps you can take to obtain a protection order. Here’s what you need to know:
- File a Petition: To obtain a protection order, you must file a petition with the court. The petition can be filed in person at the courthouse or online. You will need to provide detailed information about the abuse you have experienced and why you need a protection order.
- Attend a Hearing: Once you file the petition, a hearing will be scheduled. You will need to attend this hearing and provide testimony about the abuse you have experienced. It is important to be prepared and bring any evidence you have, such as police reports, medical records, or witness statements.
- Wait for the Court’s Decision: After the hearing, the court will decide whether to grant a protection order. If the court grants the order, it will be in effect for a specific period of time, usually one year.
- Enforce the Protection Order: Once you have a protection order, it’s paramount to enforce it. If the person or party is breaking the protection order. You must contact the proper authorities to let them know the protection order has been breached.
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 about 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.