Arizona orders of protection, formerly known as a restraining order, are issued by the court to protect a person from another person from irreparable injury or harm. Orders of Protection are good for two years in Arizona. The reasons for this protection may vary but include stalking, sexual assault, abuse, violence, harassment, threatening and more.
Domestic violence, one of the leading reasons to get a restraining order, is often not experienced until months or years into a relationship. This means the person has already built a life with you and you need to know you have distance, not only for physical protection, but also so you have the space needed to rebuild your life away from them. Regardless for your reasons for researching these legal options, if you feel they are necessary you should always speak with an attorney.
Process Of Getting Orders Of Protection
You can begin the process on your own and move forward with requesting orders of protection. However, any DIY law options are often not advisable as they can lead to mistakes or miscommunication. You want to know what to expect walking into the process and also have confidence that the order will be granted. Follow these steps to increase your chance for success.
- Speak To An Attorney
Every year, people go to the local courthouse in hopes of getting an order of protection in Arizona. They hope that the order will be approved and give them protection against a person who they feel is emotionally or physically abusive to them or creates some type of threat to them. Unfortunately, if the applicant fails to meet the burden of proving irreparable harm or injury, the order of protection could be denied.
You have to understand the process and what it takes to have a court decide to move forward and grant this request. An order of protection is a civil matter, not criminal, and can keep people from their jobs, homes, friends and family. It is taken very seriously and if you want to get it granted, the best way to increase your chances is to speak with an attorney first. The consultations are completely free and discreet, allowing you to get the information you need to move forward confidently.
- Determine If You Are Eligible
One of the first things you will be discussing with the attorney is your situation to determine if you are eligible in the state. This is a key example of why you do not want to solely rely on online research. Each state has different regulations and requirements for restraining orders and if you do not know the regulations it could lead to unrealistic expectations.
Requirements for orders of protection against someone in Arizona include them being a spouse or former spouse, if you lived together, if they are a parent of your child, they are related to you by blood or marriage and if they can show that they’ve made you feel unsafe. Police reports are always the best place to start but there are plenty of other ways to prove harassment.
- Fill Out The Petition
Every restraining order starts with filling out a petition, requesting the order. You can find the forms at the courthouse as well as online at the Arizona Judicial Branch Website. Your attorney will also be able to provide you with, and help you fill out, all necessary paperwork.
It’s important that the paperwork gets to the point. This is where you can tell your story but you need to make sure that it focuses on the specifics, any threats or actual violence that has occurred. Focus on dates and any specifics you can. Again, any information from the police or other authorities including medical can be a big help here.
- Appear Before The Judge
When you file you could see the judge that same day. They may ask you questions, especially if they would like any clarity about the situation and why you feel you are in danger. You should get your answer to whether or not the order is granted quickly.
- Person Must Be Served
Keep one thing in mind, when the order is granted, the other person will need to be served by law enforcement. This means that once they are served, they have the ability to request a hearing.
- Hearing
The person receiving the order will have the opportunity to request a hearing. This is where you will need to present all the reasons and evidence for the court to affirm the order of protection. Every lawyer will stress this before a hearing, the person you are going to request the protection from is going to act like a victim.
When they are before the judge, being told all the horrible things they’ve done, they will act like it was not their fault, that you are making it up or that somehow they are the ones who are being harassed or mistreated. This is where you have to avoid being emotional, especially angry because it does not benefit you in any way.
- Final Order
If the judge affirms the order of protection, it will be in effect for two years. There may be specific provisions for the order that include surrendering of firearms, no contact of any kind and to stay away from specific locations including your home and place of work. This will be in effect immediately which is why you want to have your living situation squared away.
Never Be Too Careful
It’s unfortunate that things got to this point. Every situation is different. Some orders of protection are between people who have dated for a bit and then they never see each other again. Some involve spouses with children and lives that are completely intertwined. It’s not easy to build that distance, but it when there is domestic violence, it’s critical to take protective measures.
It’s never OK to be harassed or mistreated. If you feel that orders of protection are necessary, call an attorney today.