How Do Restraining Orders Work In Arizona?
How Restraining Orders Work in Arizona
Many people have asked how do restraining orders work in Arizona. An Arizona restraining order is a legal limitation on an individual, in order to stop them from committing a provocation or abusive behavior at home against a single individual or individuals. A restraining order in Arizona is called “An order of protection”. A restraining order in Arizona might be issued by a Justice of the Peace or a Superior Court Judge to keep an aggressive behavior at home from occurring in future.
In the State of Arizona, Domestic Violence incorporates a range of harsh acts. It is a shocking reality that abusive behavior at home is a proceeding between life partners and youngsters. The victim should have the capacity to exhibit to the court that the individual from whom they need security has submitted or may confer a demonstration of Domestic Violence against them. The request of security laws in Arizona, nonetheless, give capable defensive measures to casualties of abusive behavior at home.
It is likewise tragically obvious that a few people endeavor to exploit the restraining order in Arizona. These laws are intended to secure casualties of abusive behavior at home by utilizing requests of assurance as a way to harass a life partner, to unlawfully expel a spouse or wife from home, or to get a ridiculous preferred stance to get a child’s custody.
Arizona Restraining Order Laws
According to Arizona law (A.R.S. 13-3602), you can ask the court to pursue protection from a person you live with, now or in the past, or anyone who is an immediate family member. Examples of a requested Order of Protection would be filed against:
- Your current or former spouse
- Someone whom you live with or had lived
- Someone whom you are having a romantic or sexual relationship with
- Someone with whom you have a common child
- Any relative
- One of the individuals is a parent, grandparent, in-law or sibling
An Order against Harassment, court order (A.R.S. 12-1809), is about seeking protection from a person other than someone whom you live with. It could be a person with whom you have no relationship with, or an existing or former non-family member. It can also be issued for workplaces. To have an order issued, the offender must have committed acts of harassment in the near past and there must be at least two acts of harassment committed.
If you have been presented with a restraining order that is based on false or physically false claims, you have the privilege to ask for a hearing to challenge that order in Arizona. The court will lead an evidentiary hearing, including the confirmation of declaration from both sides, affirmation from different witnesses, and the submission of demonstrations to the court. The two sides are qualified to speak to a lawyer at that trial.
In the event that restraining order has been issued that effects your association with your child, you have three accessible choices:
- Demand a hearing to change the defensive request
- Arrange child-rearing time through an unbiased third individual if the defensive request does not expressly restrict you from having contact with your child
- You may petition for separate or lawful detachment in Superior Court to build up child rearing time
Generally, the petitions filed for restraining orders are regularly observed by the court and ruled around the same time too.
Chris Hildebrand wrote this article to ensure everyone has access to information about family law in Arizona. Chris is a divorce and family law attorney at Hildebrand Law, PC. He has over 24 years of Arizona family law experience and has received multiple awards, including US News and World Report “Top Arizona Divorce Attorneys”, Phoenix Magazine “Top Divorce Law Firms”, and Arizona Foothills Magazine “Best of the Valley” award. He believes the policies and procedures he uses to get his clients through a divorce should all be guided by the principles of honesty, integrity, and, quite frankly, actually caring about what his clients are going through in a divorce or family law case. In short, his practice is defined by the success of his clients. He also manages all of the other attorneys at his firm to make sure the outcomes in their clients’ cases are successful as well.