A restraining order or Order of Protection as it’s also now called, is a temporary order that is held against someone in an effort to maintain safety. We all have scenarios and examples in our heads when we hear about a restraining order. Some can be that serious while some can be much easier and more straight-forward.
Determining the severity of your need for a restraining order is not something you can do online. You know the person you are thinking about getting the order against. You know what they are capable of and why you feel you need this protection. These orders are not difficult to get but you must give and show good reasons for why they are to be given.
What Do Orders Of Protection Cover
The majority of order of protection cover areas like domestic violence, sexual assault, harrassment or even child abuse. If one person feels that another is impeding their life on purpose and threatening their well-being and peace, the best way to resolve the issue is to obtain an order of protection.
When To Meet With An Attorney
If you are seriously considering getting orders of protection against someone you need to speak with an attorney as soon as possible. Keep in mind, the first communication with an attorney is free and private, under the free consultation offer. This means you can get information about getting a restraining order and answers to any questions you have.
The free consultation also allows the attorney to offer advice and guidance based on your information as well as their experience. Their recommendation will be for you and you alone, meaning you do not have to tell anyone else about it and it does not apply to anyone else.
The Restraining Order Process
If you are confident that you need to get a restraining order against someone, you should work with a lawyer to start. Working with an attorney ensures you have the right information as well as know what to expect throughout the process including:
- Petition: You have to fill out a petition stating why you want the orders of protection, who they are against and why. Because you need to show why this request is being made it’s good to talk with your lawyer about what type of documentation to submit. For example, saying someone hit you is not as reliable information as a police report and medical form that are dated and filled out by others.
- File: When you file the petition you are submitting the information to the courts and requesting them to review it and decide whether or not to submit the order. This process can be fast but also depends on the information you’ve provided.
- First hearing: The first hearing will be between you and the court, focusing on your request and reasons for the request. As you present your information, you will not have to defend anything but you need to make sure that it is reliable and accurate.
- Serving: If the request passes the person you are filing against is going to be served and notified of the order. However, this does not mean that it is official. They may have to follow the rules of the order including no communication, but they are allowed to request a hearing.
- Second hearing: The second hearing will usually involve the other person and give them a chance to argue their point against the order. This is not definite but it can happen and you will need to be prepared for it.
The process can be quick or slow depending on the information provided as well as the other person. The best thing to do when filing is to make sure that your personal life is prepared, especially if you have to move.
5 Tips From Your Lawyer
When you meet with an attorney and offer your information, they will offer you specific advice based on your situation. Whether you work with them or not, it’s important to consider their advice, especially if you are looking to file quickly.
- Minimize communication: You do not want to talk with the other person at all. Ignore phone calls and texts and do not provoke them in any way.
- Get money in your name: If you are married to or dating the person, make sure that you are able to be away from them as far as living quarters goes and also make sure you have your own money to live off of if you are sharing bank accounts.
- Plan a separate life: Where do you go to dinner, for fun, to shop and so forth? If you are worried about running into the person, try to avoid the places you know they go to, even if they are some of your favorite parts.
- Talk through your attorney: They want to talk to you? You have an attorney. You do not need to talk to them and they do not need to talk to you once the order is put through.
- Stay off social media: If you are concerned about them following or stalking you, do not post your whereabouts on social media. Do not post where you have been, who you are hanging out with and so forth. Keep your life private for the time being.
It’s never a fun situation to request orders of protection in Arizona. Unfortunately, these orders are needed quite often and that trend continues today. Do not wait to get the information you need, talk to an attorney and get the facts.