Did you know that approximately 1.3 million women are victims of physical assault by an intimate partner each year?

Anyone who has experienced an act of domestic violence at the hands of a family member, romantic partner, or housemate, can request an order of protection. An injunction against harassment, however, is meant to be a restraining order against someone with whom you don’t have an intimate relationship. 

There are many acts that constitute domestic violence in Arizona. Some of these include: stalking, kidnapping, property damage, trespassing, secret videotaping, physical abuse or restraint, sexual abuse, assault with or without a weapon, endangerment, and economic control and neglect. For these acts to be considered domestic violence, it must have been committed by one family member or romantic partner (current or former) against the other. 

 An Order of Protection is a court order prohibiting a specific person (defendant) from coming near a home, workplace, or other location listed in the document. The person asking for the order (plaintiff) must have a relationship (family, sexual, roommate, etc.) with the defendant. In Arizona, Orders of Protection are good for two (2) years).

Often, orders of protection occur in conjunction with divorces and may be handled directly in family court.

Depending on what the plaintiff requests, if the judge finds that the defendant may commit or has committed an act of domestic violence, the judge may issue an Order of Protection that:

• Orders the defendant not to commit acts of domestic violence;
• Gives the plaintiff exclusive use of a house that both people previously shared;
• Prevents the defendant from coming near the house or apartment, place of employment, or school of the plaintiff;
• Prohibit the defendant from possessing guns;
• Restricts access to children;
• Protects any animal that is owned by the plaintiff or the defendant; and
• Includes any other relief necessary for the protection of the plaintiff.

The Order of Protection is not in effect until it is officially served on the defendant. Once served, the defendant has a right to oppose the order and have a court hearing.