An abused spouse can seek exclusive use of a marital residence by filing for an Order of Protection. In the Petition for Order of Protection, the abused spouse must set forth all acts of domestic violence committed against them by the other party. The Court will then determine if the allegations contained in the Petition rise to the level of domestic violence. If the Court makes the determination that domestic violence has occurred, it will issue an Order of Protection and will likely prohibit the abuser from returning to the marital residence. The abuser may request a hearing to dispute [...]
Archive for the ‘Domestic Violence’ Category
Orders of Protection in Arizona – Can abused spouses seek exclusive ownership of a marital residence?2 May 2011 by | Divorce, Domestic Violence | No Comments
Child Protective Services (CPS) is an Arizona agency mandated under ARS §8-802 for the protection of children alleged to be abused and neglected. “Alleged” is a very important term, and every allegation of abuse or neglect must be investigated by CPS. While most allegations are ultimately dismissed as unfounded or unsubstantiated after a brief interview with the parents and/or the child, other allegations are in fact substantiated.
In a recent blog, I discussed Orders of Protection and how to obtain one if you are a victim of domestic violence. But what is considered an act of “domestic violence”? Some forms of domestic violence are obvious, such as hitting, pushing, or otherwise physically striking another person. Other forms of domestic violence may be less obvious, such as verbal threats, intimidation, harassment and stalking.
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:
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