Before the court will enter an order, which lasts for one year, the person seeking the order must file the appropriate petition setting forth the specific acts of domestic violence and the dates on which they were committed. In deciding whether to grant the petition, the judge must first make a finding that the person seeking the order has a relationship with the alleged abuser. Once issued, restraining orders can provide a person with the exclusive use of a home he or she shares with the abuser. Only where the statutory requirements are met, however, will courts issue protective orders, so it is important for people to seek counsel from an Arizona family law attorney before making this effort.
Orders of Protection
Orders of protection, or restraining orders, as they are sometimes called, are designed to protect a person from being harmed by a family member or somebody else who is close to them. Courts issue orders of protection only where there has been domestic violence, and the person seeking the order has a relationship with the person committing the violence. More specifically, courts will only issue an order of protection if the person requesting the order is related to the abuser in one of the following ways:
- By blood relation.
- By being married to that person, even if presently divorced.
- Through marriage.
- By living in the same household.
- By having a child together.
- Certain other relationships.
Injunctions Against Harassment
Injunctions against harassment are designed to protect people from those whom they do not have a relationship with. Injunctions against harassment protect people from the harassment of virtually anybody, be it a neighbor, boyfriend, co-worker, or friend. To obtain an injunction against harassment in Arizona, it is necessary to first demonstrate that the person accused of harassment is indeed harassing the victim. Arizona Revised Statute § 12-809(R) defines harassment as a series of acts over any period of time that is directed at a specific person, such that it would cause a reasonable person to be seriously alarmed, annoyed or harassed. Moreover, the conduct must in fact seriously alarm, annoy or harass the person, and serve no other legitimate purpose.
If, at the hearing, the court determines that the statutory elements of harassment are met, it will issue an injunction of harassment that will last for one year. If you are being harassed, an Arizona family law attorney can help you obtain an injunction against harassment so that you can get relief. JacksonWhite’s family law team can help you with the paperwork and hearings necessary to obtain an injunction against harassment.
Call the Family Law Team at (480) 467-4348 to discuss your case today.
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