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:
(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:
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.
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