Basis for Restraining Order in Arizona

Abuse is rampant in today’s society. There is no universal rule as to how to recognize it or who could be a victim. Any person put in certain circumstances could be a victim of abuse. It can be a man, a woman or a child. Many do not recognize the signs of abuse, an abuser or a victim of abuse until after the fact.

In some situations, victims of abuse who come forward don’t know what they should do to protect themselves. That is why it is so important to make information available, so that victims of abuse understand their options and those who are in a position to assist them will be aware of what they can do to help.


Basis for Restraining Order in Arizona | How to Obtain One

Individuals who feel their safety is threatened may request an Order of Protection. The request is made to a judge in any city court, justice court, or superior court in the following situations:

You are married or were at one time married to the abuser.You reside in the same household as your abuser.You are in a serious dating relationship or are engaged to your abuser.You are related by blood or someone else’s marriage.You had a child together.AND

You are suffering from abuse because the abuser has harmed you or tried to cause you physical harm.Your abuser has left you in fear of imminent physical harm.You have been threatened by the abuser.In many cases the judge may issue an Order of Protection without first notifying the abuser. This typically happens when imminent harm seems probable to the judge.

Some find the terminology confusing as they are used to hearing this process referred to as a restraining order. In Arizona, restraining orders are referred to as either orders of protection or injunctions prohibiting harassment. There are several specific types of orders available. Some are issued in criminal court while others are issued through civil court proceedings. Types of restraining orders (i.e. orders of protection) include: domestic violence orders of protection, injunctions against harassment, and injunctions against workplace harassment. An order of protection stays in place even if you move out of state.

If you need assistance obtaining a restraining order or order of protection for your own or for a loved one’s safety, please get in touch with Hildebrand Law as soon as possible.