In Arizona, a restraining order is referred to as an injunction against harassment or an order of protection. Simply put these are court orders that are designed to protect you from someone who is harassing or abusing you. There are several different types of orders that may be warranted in your case. It is recommended that you speak directly with an Arizona family lawyer to determine which one is the most appropriate for you.
If you are a victim of domestic violence in the state of Arizona, you should consult with an attorney as soon as possible to determine whether an order of protection can help stop the cycle of violence.
Defining Domestic Violence
Arizona law refers to domestic violence as situations involving intimidation, threatening conduct or words, stalking, physical assault, harassment or recording, videotaping or photographing you secretly without your consent. Other situations that might be caused by a situation of domestic violence are custodial interference, disobeying a court order, disorderly conduct, some crimes against children, abuse to a vulnerable child or adult, negligent homicide, and neglect or cruel mistreatment.
Where to Go First?
You may meet with a police officer or a family lawyer to discuss the potential for a restraining order if you or someone you love has been injured as a result of domestic violence. A restraining order is a civil order from the court which requires a judge or judicial officer to find that domestic violence has happened within the last 12 months, or is likely to happen in the future based on events that have occurred in the last 12 months, and that you have a specific relationship with the accused abuser. To qualify for an order of protection, the parties must be somehow specially linked to each other. For example, they may be specially linked by marriage, sharing a child in common, dating, or previously or currently living together. Violence or harassment between two unrelated parties (for example, friends or neighbors) would qualify for an injunction against harassment
Types of Protection Orders
There are two types of protection orders: emergency orders of protection and permanent orders of protection.
An emergency protection order is designed to give you immediate assistance when you feel that you are in current danger of domestic violence. This can be given in writing or orally by a judicial officer. The emergency protection order is only valid until close of business on the day that it is issued so you will still need to consult with someone about filing a permanent protection order if you believe that the danger extends beyond this deadline.
Counties with populations of 150,000 people or more are mandated to make emergency protection orders available after court hours and these can be issued by phone. Other counties with a smaller population do have the option of giving these protection orders by phone as well.
A permanent protection order, however, extends over the long run. It can only be awarded after you have appeared in front of a judge. It lasts for one year after it is issued. This is true even if the initial order is altered during that one year period.
Get Help Now
If you believe that you have been a victim of domestic violence and that you are in immediate danger of being hurt by someone you have a familial relationship or dating relationship with you need to get help as soon as possible. It is also important to enforce the order you are granted by calling the police if it is ever violated.
A protection order prohibits the abusive individual from being near you or continuing with harassing or abusive behavior. It may be an important way to stop the violence and give you options to determine what your next steps are with the relationship. When you need an emergency order of protection, it is in your best interest to act sooner rather than later and get help from an experienced attorney right away.
This blog should be used for informational purposes only. It does not create an attorney-client relationship with any reader and should not be construed as legal advice. If you need legal advice regarding Restraining Orders for Domestic Violence Situations, or other family law issues, please feel free to contact our Family Law Section at 480.461.5300, log on to udallshumway.com, or contact an attorney in your area. Udall Shumway PLC is located in Mesa, Arizona and is a full service law firm. We assist Individuals, families, businesses, schools and municipalities in Mesa and the Phoenix/East Valley.
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