This website is designed to provide only general information pertaining to family law matters in the state of Arizona. Nothing contained herein constitutes legal advice, nor is it intended to offer legal advice. Any information provided in this website shall not constitute legal advice nor establish any type of attorney client relationship. PERRY LAW FIRM, PLLC does not make any guarantee as to the accuracy or currency of any information contained herein or created through use of any link to another website contained in this website.

ORDER OF PROTECTION / INJUNCTION AGAINST HARASSMENT

If you find yourself in a relationship in which you are the victim of domestic violence or abuse, or if you feel that your safety is being threatened, a family law attorney can help you obtain an emergency order of protection. In order to be able to take the best advantage of your rights, it is important that you understand the different types of temporary and long-term orders for protection.  For example:

(a) A.R.S. § 13-3601(A): You may only obtain an Order of Protection if:
1. You and the defendant have been or now are married, or if the two of you ever lived in the same house.
2. You and the defendant have a child in common.
3. You are currently pregnant by the defendant.
4. You are related to the defendant or the defendant’s spouse by blood or court order.
5. You have a child who lives or has lived in the same household as the defendant and is related by blood to a former souse of the defendant.

(b)A.R.S § 12-1809: You may obtain an Injunction Against Harassment if:
1. You are being harassed or threatened by a person with whom you do not have one of the relationships listed above (such as a neighbor, a landlord, a co-worker, etc.).

1. Harassment;
2. Intimidation;
3. Threatening;
4. Offending;
5. Physical violence;
6. Abuse;
7. Stalking
8. Causing you to fear for your safety;
9. Recklessly endangering your safety by causing a substantial risk of imminent injury;
10. Assault;
11. Placing you in reasonable apprehension of imminent physical injury;
12. Unlawful imprisonment, wherein the defendant retrained you against your will.

Perry Law Firm can assist you in determining the appropriate type of protective order to suit the circumstances of your particular case.

Many individuals attempt to secure a protective order without the assistance of an attorney.  Often, the Court staff will provide you with the proper forms to file a petition for a protective order, and may even give you instructions on how to do so.  However, it is important to realize that after completing the petition for the protective order and even after the Judge has issued your order, the process is not complete.  For instance:

1. A protective order must be served on the other party; it is not sufficient that you personally hand-deliver the order to the defendant.  The order is not in effect until you have it served.  The service required is “personal service,” and can be made only by a sheriff or a certified process server.    



2. After the defendant has been served with the protective order, he or she has the right to request a hearing.  The request for a hearing must be made in writing, and must be filed with the Court.  Once the defendant has requested a hearing, the Court must schedule a hearing, and the Court will notify you or your attorney of the date and time that the hearing will take place.  That hearing will ordinarily be scheduled: (a) within ten (10) days from the date of the request if the defendant is merely restrained from contacting you; or (b) within five (5) days from the date of the request if you were awarded exclusive use of the home, and the defendant was forced to move out.
    
   

It is imperative that you and your family law attorney work together to gather all evidence which supports your position. At the hearing, the judge will ask you why you believe the order should be upheld, and the judge will ask the defendant why he or she believes the order should be quashed.  To have your order upheld, you must be prepared to prove that you reasonably believe that the defendant will commit an act of domestic violence in the future, and that the defendant has committed an act of domestic violence in the past year.

To assist your family law attorney in effectively representing you at the hearing, be prepared to advise your attorney of the dates, times, locations, and specific instances of domestic violence or abuse.  Write the specifics down so that you do not inadvertently leave anything out; we suggest making a timeline, stemming back as far as you can accurately remember.  Most importantly, be specific – do not make general allegations.  (For example, do not simply say the defendant “hits me sometimes.”  Instead, it is much more persuasive to say that the defendant “hit me with his fist on March 2nd while we were having an argument at our house.  He left me with a bruised lip.  Then he slapped me on March 4th at the park, and knocked me down.  He also threw a rock at me on March 7th in front of a divorce attorney’s office.”)

Additionally, be prepared for the Order of Protection hearing with any concrete evidence that proves your case.  Evidence includes such things as the following:

1. Pictures showing bruises or injuries that you received when the defendant hit you,
2. Pictures of a house in disarray after the defendant had a violent tantrum,
3. Written letters from people who have actually witnessed the defendant harass or injure you,
4. Police reports taken when you phoned the police on the defendant,
5. Cellular telephone records with the defendant’s phone number highlighted to indicate the excessive number of times the defendant has phoned you, or the inappropriate times that the defendant phones you (such as a 3:00 a.m.),
6. Copies of harassing or threatening notes or emails that the defendant has written to you,
7. Written letters from other people that the defendant has injured (such as a former girlfriend, etc.), verifying that the defendant committed an act of violence previously.

At the time of the Order of Protection hearing, you may actually bring in a person who has witnessed the defendant committing an act of violence against you.  That witness may or may not have a chance to tell his or her story.  Order of Protection hearings are short (usually around 30 minutes), and there is usually not much time left after you and the defendant each get to tell your respective sides of the story.  Nonetheless, if you want to bring in a witness, you have that right.  Your family law attorney can assist you in determining whether you need a witness to strengthen your case, or whether your time is better spent in presenting evidence, etc.

When the hearing concludes, the Judge will tell you right then and there whether your protective order is going to be upheld or not.  If the order is upheld, the Order of Protection will expire one year after the date the order was issued.  If the order is quashed, it will be vacated immediately.

If the Order of Protection is upheld, your family law attorney will recommend that you make several copies of the order so that you will have one with you at all times.  Keep one in your purse, your wallet, your glove box, your house, your office, etc., so that if and when you are confronted by the defendant and forced to call the police for protection, you will have a copy of your Order of Protection readily available to provide to the police upon their arrival.

Should the need arise for a protective order, Perry Law Firm can evaluate your situation and help you take the appropriate action that will allow you protection and relief.  We can help you file a temporary restraining order, a restraining order, or a civil order of protection, depending on your needs and what your circumstances demand.  If you wish to schedule a consultation to discuss securing a protective order, we will take the time to answer all of your questions in a clear and straightforward way, and we will help you to understand all of the options available to you.