There are several different types of protective orders but the most common ones are intended to protect a party from physical harm or harassment. In a domestic dispute restraining orders and protective orders are used to stop the person from abusing you. The protective order must be filed in civil court. There is no need to allege that the person committed a crime. Jail time may result for the person that violates the protective order. You can withdraw the protective order at any time. The following types of restraining orders are used in Arizona domestic disputes:
- Temporary Orders
- Order of Protection
- Injunction Against Harassment
- Injunction Against Workplace Harassment
Scottsdale Protective Order Attorney
The Daly Law Firm currently handles divorces and child custody matters in Phoenix, Scottsdale, and the area of Maricopa County. Family violence can play a large part in a divorce or child custody dispute. Sometimes it is necessary to file a protective order to make sure you are safe. Filing protective orders is a civil matter. An experienced Arizona family law attorney can help you file the protective orders and take care of any child custody or child support issues.
The Daly Law Firm addresses the topic of domestic violence with sensitivity and discretion. Contact Doug Daly at (480) 607-8308 for a free consultation regarding your particular family situation.
Protective Orders Information Center
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Order of Protection
An Order of Protection is also called a restraining order in Arizona. A judicial officer must find that domestic violence has occurred and that you have a specific relationship with the abuser in order to grant a protective order. There are 2 main types of restraining orders:
- Emergency Orders of Protection (EOP) – an EOP is designated for people in immediate and present danger of domestic violence. A judicial officer can grant an EOP orally or in writing. The EOP is only effective for about 2 days so it is vital to quickly file for a permanent protective order.
- Permanent Orders of Protection – Under the Arizona Revised Statutes, it is required to go before a judge in a formal hearing in order to get a permanent order of protection. The order lasts for one year after the date it is served or given to your abuser. It is possible to modify the terms of a protective order during that one year period. After the one year is up you can renew the protective order if there is still a threat of domestic violence.
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Who is eligible to get an Order of Protection?
A judicial officer must make the finding that you meet the “relationship requirement” in order to issue the restraining order. The Arizona legal relationship requirement is met under the following circumstances:
- You are related to your abuser or your abuser’s spouse by blood
- You are or were married to your abuser
- You are related to your abuser or your abuser’s spouse by marriage (if you are a former in-law you do not meet the relationship requirement)
- You live, or used to live, in the same household as your abuser.
- You are or were your abuser’s same-sex partner, and you live, or used to live, in the same household
- You have a child with your abuser, or are pregnant with your abuser’s child
- You are related to your abuser or your abuser’s spouse by court order (ex: adoption)
- You are a minor who lives or has lived in the same household as your abuser and you are related by blood to a former spouse of your abuser or to a person who resides or has resided in the same household as your abuser.
It is also permissible to file a restraining order on behalf of someone else if the following conditions are met:
- You are the parent, legal guardian, or person who has legal custody of a minor or an incapacitated person who is a victim of domestic violence.
- The victim is temporarily or permanently unable to request an order.
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How can an order of Protection help me?
If you have an Order of Protection in place, it makes any violation of the protective order a crime. Some things that the judge can place in the order are:
- Not to engage in any of the offenses Arizona law as designated as domestic violence
- To have no contact of any sort with the person ( no telephone calls, letters, messages through someone else, visits to or near the residence, visits to place of employment or school)
- To move out if you live together
- To turn in any firearms in the possession of the abuser
- Not to have contact with the children
A judge will not make a finding on child custody, child support or visitation in a protective order. You must get a lawyer and open up a separate case if you want to decide child custody or divide marital property.
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Injunction Against Harassment
The purpose of an Injunction Against Harassment or IAH is to stop anyone from harassing or abusing you. You can get an IAH order against the following people:
- Landlords / Tenants
- Girlfriends / Boyfriends
An IAH does not exclude people from your home if you already live together, but it can order the person to stay away from your home if you do not live together.
You must prove that the person harassed you in order to obtain an IAH. Normally you will have to give notice to the party who is harassing you and both of you would attend a formal hearing. Both you and the defendant will present evidence to the court and the judge will make either grant the IAH or deny the IAH.
It is possible to have an IAH order made without giving notice to the defendant if you meet the following requirements under Arizona law:
- The court finds reasonable evidence of harassment during the year leading up to the filing of the petition.
- Good cause exists to believe that great or permanent harm would result if the injunction is not granted at that time.
- Also you must show the court that you tried to give notice to the defendant or there is a specific reason (ex: fear of bodily injury) notice should not be given to the defendant.
Remember as the plaintiff or the person seeking to put the IAH order in place, it is your responsibility to prove your case to the court. You can get an IAH without the help of a lawyer. However if you are uncertain about the level of proof or evidence needed to get an IAH order, contact a lawyer. There are a number of free legal services that can advise you about placing an IAH order or you can hire a lawyer to advise you as well.
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Injunction Against Workplace Harassment
If you are being harassed at work, then you employer or someone authorized by your employer can file an IAWH on your behalf. The Injunction Against Workplace Harassment (IAWH) is a civil court order that prohibits the offender from contacting you at work or anywhere in the vicinity of your job. If there is domestic violence present your employer can also get an IAWH against your abuser to protect your place of so your abuser cannot harass you at your place of employment.
Harassment is defined as a single threat, an act of physical harm or damage, or a series of acts over a period of time that would cause a person serious annoyance or alarm. To file an IAWH, the employer must show:
- Sufficient evidence of workplace harassment
- Great irreparable harm will result to the employer, employees or any person entering the employer’s property
The employer can also ask the court to grant the IAWH without giving notice to the defendant, but the employer must give significant reasons in order for the court to grant the IAWH order ex parte (without notice to defendant). The judge might schedule another hearing to make sure both the employer and the defendant can provide evidence to the court before a ruling is made.
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Enforcement of Protective Orders
If there is a violation of the protective order, your legal remedy is to notify the court who issued the protective order. Violation of the protective order is a crime, and the court has the power to hold the violator in contempt of court. Jail time or fines can be the punishment for failing to comply with protective orders.
Also note that the person who applied for the restraining order can violate the order as well. If you call the defendant or go over to his residence, then you are violating the restraining order. The courts put these protective orders in place to protect individuals from harm. If you feel the restraining order is no longer necessary, contact the court immediately to withdraw the order.
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Arizona Protective Order Forms – Protective Order forms and instructions on how to file the forms with the court.
Daly Law Firm, PLLC - Phoenix Restraining Order Attorney
If you are being harassed or abused, there are several legal ways to protect your family. A capable Arizona family lawyer can help you with protective orders, child custody, child support and visitation. If you are filing a restraining order in the Phoenix, Scottsdale, or Maricopa County area, don’t hesitate to call The Daly Firm at (480) 607-8308 for a free consultation regarding your legal matter.