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Orders of Protection

Orders of Protection

There are four different types of Orders that may be filed: Order of Protection, Emergency Order of Protection, an Injunction Against Harassment and Injunction Against Workplace Harassment. Relevant orders pertaining to domestic violence are the Order of Protection, Emergency Order of Protection or an injunction Against Harassment.

Order of Protection

Protection Orders are orders prohibiting a specific person from making contact with you such as coming near your home, school, workplace, or other locations listed on the Order of Protection. Orders are based on the relationship you have with the party you are seeking protection from. Orders of Protection can be issued by any court in Arizona, regardless of the location of the plaintiff and defendant. They must be served by a police officer, deputy sheriff or process server. They can be issued either ex parte (with only one person present) or after a hearing. Both are good for one year after service on the defendant. Only the judge can terminate or change them.

The purpose of an Order of Protection is to restrain another person from committing an act of domestic violence, as defined in A.R.S.13-3601A, prohibit a defendant from coming in contact with you, and provide you with some legal recourse if the person served with a protective order violates the order. To be granted an order, you must be one of the following:

  1. The relationship between the victim and the defendant is one of marriage orformer marriage or of persons residing or having resided in the samehousehold.
  2. The victim and the defendant have a child in common.
  3. The victim or the defendant is pregnant by the other party.
  4. The victim is related to the defendant or the defendant’s spouse by blood orcourt order as a parent, grandparent, child, grandchild, brother or sister orby marriage as a parent-in-law, grandparent-in-law, stepparent, stepgrandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
  5. The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
  6. The relationship between the victim and the defendant is currently or waspreviously a romantic or sexual relationship. The following factors may beconsidered in determining whether the relationship between the victim andthe defendant is currently or was previously a romantic or sexualrelationship:

(a) The type of relationship.

(b) The length of the relationship.

(c) The frequency of the interaction between the victim and the defendant.

(d) If the relationship has terminated, the length of time since the termination.

To obtain an order of protection, proceed to your local courthouse. There is a video online at: http://www.azcourts.gov/domesticviolencelaw/Home.aspx for you to obtain further information about filing for an Order of Protection. In the Northeast Courthouse, for  example,  there  is  a  Domestic  Violence  Center, adjacent to the filing windows. As you enter the center, an employee will direct you to a computer to file your petition for the Order Of Protection. (You may request that  information  regarding  your  current  address,  phone  number  and employment be kept confidential and not be disclosed to the defendant.)

The petition asks you a number of questions, including your name, address, the defendant’s name and address, and whether you have any children together. Most importantly, you will have the opportunity to write and explain three (3) instances when you have been the victim of domestic violence at the hands of the defendant. You may also request that information regarding your current address, phone number and employment be kept confidential and not be disclosed to the defendant.

Keep in mind that an Order of Protection does not take effect on the person until the Order is both entered and legally served on the person against whom protection is sought. This means the defendant is officially notified of the legal restrictions placed on him or her.

Emergency Order of Protection

If you need emergency relief on weekends, at night or on legal holidays you may need an Emergency Order of Protection.  If needed follow the following steps:

  1. Contact your local law enforcement agency and file a complaint.
  2. Law enforcement will review the situation and determine whether a domestic violence situation exists.
  3. After the police officer obtains information, he or she will contact the Initial Appearance Court.
  4. The Court will then determine if there are reasonable grounds to believe that the person seeking the Order is in immediate and present danger of domestic violence.
  5. If the court finds immediate danger exists it will authorize the officer to issue an Emergency Order of Protection.
  6. The officer will obtain a file number and then serve the Order on the defendant.
  7. Important: The Emergency Order of Protection is valid only until 5:00 p.m. the next business day and that person obtaining the Order must go to Court and request an extension of the Order.

If the Court is closed for business, Emergency Orders of Protection are granted by a judge in writing, verbally, or telephonically to protect a person who is in imminent danger of domestic violence, and available from local law enforcement agencies. If this is not an imminent situation, contact the local law enforcement agency’s non-emergency number.

Next: Conciliation Services

Conciliation Services is one part of the Maricopa County Superior Court. According to Maricopa County Superior Court’s website, Conciliation Services provide the following: Conciliation counseling for parties contemplating divorce. Mediation of child decision-making and parenting time plans for families of divorce, post-divorce or paternity actions. Evaluation services to the court when parents are unable to...

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