Restraining Order

 

1. You can request one of the following types of protective orders:

ORDER OF PROTECTION: An Order of Protection is used for a "family" relationship between you and the Defendant. This can include one of the following: 1) married now or in the past, 2) live together now or lived together in the past, 3) parent of a child in common, 4) one of you is pregnant by the other, or 5) you are a relative (parent, in-law, brother, sister, or grandparent). Also, you must state how an act of domestic violence was threatened or committed against you within the last year.

INJUNCTION AGAINST HARASSMENT: The Defendant has committed a series of acts (more than one) of harassment against you in the last year. Also, a "dating" relationship without living together could be the basis for this Injunction.

INJUNCTION AGAINST WORKPLACE HARASSMENT: This Injunction may be filed by an employer or owner of a business or operation for the benefit of an employee or the business against a single act or series of acts of harassment.

2. OTHER PROTECTED PERSONS: It is possible that you will be referred to Superior Court if your children are listed as protected persons in this order. Only a Superior Court Judge can decide child custody or parenting time in a separate action.  Please ask us about this when you meet with us for a FREE consultation.

3. SERVICE AND EFFECT: The protective order is valid for one year from the date it is served on the Defendant and is enforceable by law enforcement in any state or tribal nation in the United States.

4. PROTECTIVE ORDER HEARING: If the Defendant disagrees with this protective order, he/she has the right to request a hearing which will be held within 5 to 10 business days after a written request has been filed in the court that issued this order. If you do not appear at the hearing, your Order may be quashed (dismissed); therefore, you must notify the court of any change in your contact information to assure you are notified of any hearing dates and times.

5. MODIFYING OR QUASHING (DISMISSING) THIS PROTECTIVE ORDER: Only a judge can modify or quash (dismiss) this protective order. If you file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant, advise this court at once. Nothing you do can stop, change, or undo this protective order without the Court's written approval. Please ask us about this when you meet with us for a FREE consultation.

6. PLAINTIFF CONTACT: Even if you initiate contact, the Defendant could be arrested for violating this protective order. If the Defendant does not want you to contact him/her, the Defendant has the right to request a protective order against you.

7. LAW ENFORCEMENT STANDBY: If you or the Defendant needs to get personal belongings from the other, you may request standby from the judge. Standby allows you or the Defendant to return once with a law enforcement officer to obtain necessary personal belongings from the residence. Neither law enforcement nor this protective order can resolve conflicts over property, title, furniture, finances, real estate, or other ownership issues. Please ask us about this when you meet with us for a FREE consultation.

8. FIREARMS: You may request that the judge order the Defendant not to possess, receive, or purchase firearms or ammunition.

9. COUNSELING: If requested, counseling for the Defendant can only be ordered at a hearing at which you and the Defendant must appear.

10. PUBLIC ACCESS: Only the information contained in the served protective order, not the petition, will be entered into the state computer system and will be made public on the internet. You can ask that your addresses be kept private. Please ask us about this when you meet with us for a FREE consultation.

11. PROTECTIVE ORDERS INVOLVING PENDING LAW SUITS: If you want to or have file an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant the order of protection should be obtained by the Arizona Superior Court so that it can be linked to your case.  Otherwise if you are not asking for an action for maternity, paternity, annulment, legal separation, or dissolution against the Defendant then you can get an order of protection from your local justice court.  Please ask us about this when you meet with us for a FREE consultation.