Often referred to as “restraining orders”, in Arizona they are known as “Orders of Protection”. These are used to protect persons from other persons that they are, or have been married to; have lived with in the past; have children in common with; or had past romantic relationships with.
In order to obtain an order of protection, you will have to go to the courthouse and file a “Petition for Order of Protection.” A hearing will typically be held the same day before a judge or commissioner without the Defendant present to see if the Order should be granted. In order to obtain an order of protection, you must be able to show that an act of domestic violence has occurred in the last year, or is likely to occur if the order is not granted. Items that constitute “domestic violence” include:
1. Threatening or intimidating – See ARS 13-1202
2. Assault – See ARS 13-1203
3. Aggressive Assault – See ARS 13-1204
4. Custodial Interference – See ARS 13-1302
5. Sexual Assault – See ARS 13-1406
6. Criminal Trespass – See ARS 13-1502-1504
7. Criminal Damage – See ARS 13-1602
8. Disorderly Conduct – See ARS 13-2904(A)(1)(2)(3)(6)
9. Use of Telephone to terrify, intimidate, threaten, harass, annoy or offend – See ARS 13-2916
10. Harassment – See ARS 13-2921
There are several other acts that constitute grounds for an order of protection as well. You should first read the statutes regarding the rules of procedure for protective orders and the grounds under which an order may be granted before proceeding to the courthouse.
Once an Order or Protection is granted, it must be served on the other party. The order of protection is effective for one year from the date of service. The other party may request a hearing at any time during that one year.
If an Order of Protection has been placed against you or if the other party has requested a hearing on your order of protection, you should consult with an attorney.
The attorneys at Trulllinger & Wenk have handled hundreds of Orders of Protection hearings and can properly advise you and advocate on your behalf. Call us at 623-748-4890.