Orders of Protection (also sometimes referred to as restraining orders) prohibit one person from contacting another. They are used many times in situations of domestic violence and/or abuse. To obtain an order of protection in Arizona, the abusive party must have one of the following relationships with the person who is seeking the Order:
• Spouse
• Former Spouse
• Lives or previously lived in the same residence
• Related by blood
• Related by marriage
• A person who lives or has lived in the same residence as a child who is related by blood to either a former spouse or a person who lives or has lived with the person seeking in the Order.
It should be noted here, that if one of the above relationships cannot be established, an Injunction Against Harassment may be requested. The Injunction Against Harassment is another protective order sought if the parties are not related in one of the above ways.
To obtain an Order of Protection for yourself, go to any Arizona superior or municipal court. The clerk will be able to point you in the direction of the appropriate petition form. Be prepared before you go to court. You will need to provide details concerning the person you are seeking protection from. You will need their name, address and date of birth. You will also be required to list the specific reasons why you are seeking the Order of Protection and provide the Arizona court with information on the specific acts of domestic violence or abuse by the other party.
The clerk should then show you to the judge’s office where you will request the Order. If the judge grants the Order of Protection, you will be given two copies. One copy is for you to keep with you at all times and the other is to return to the court clerk. You will need to make arrangements to have the Order of Protection served upon the abusive party. Arizona law enforcement officials are available to serve Orders of Protection at no cost to you. An Order of Protection is good for one year after the individual is served with the paperwork, though it may be renewed in circumstances require.
For more information on Orders of Protection and ending an abusive, unhealthy relationship in Arizona where domestic violence is an issue, please contact myself, Arizona Family Law attorney Tim Durkin at 480-779-7972. I provide consultations at both our firm’s Mesa office and Peoria office, whichever is more convenient for you. The Mesa office serves the East Valley, Tempe, Chandler, Gilbert, Mesa, Apache Junction, Queen Creek, Scottsdale, and other surrounding areas of Arizona. The Peoria office serves the West Valley, Glendale, Surprise, North Phoenix, Litchfield Park, Tolleson, Sun City and surrounding areas of Arizona.