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How to Get Restraining Orders 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.
Legal Requirements for a Restraining Order in Arizona
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; or,
- You had a child together.
- You are suffering from abuse because the abuser has harmed you or tried to cause you physical harm;
- Your abuser has left you in gear of imminent physical harm; or,
- 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 an order 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.
Where do I Obtain a Protective Order in Arizona
Some people ask where do I obtain a protective order in Arizona. We want to let you know that you may go to any city court, justice court or superior court to complete the Petition. You file the request for the protective order in any of these courts unless a prior dissolution of marriage or paternity case had been filed in the Superior Court in which case you should file the request for the protective order in the Superior Court.
Follow the instructions and fill out the sections of the Petition that ask you why you want the Order and what relief you want. Be as detailed as possible when you fill out the forms, making sure you have the following information if possible:
- your address and phone number (or ask to keep it confidential);
- your employer’s address and phone number;
- the name of your child(ren)’s school(s) and the addresses and phone number(s) (only if included on Order);
- other addresses you want the other person to stay away from;
- the other person’s address, phone number, employer, and a description of that person;
- any papers showing past civil or criminal court actions against that person;
- any old orders of protection against that person;
- A list of the things this individual has done and be specific; include dates, if you called the police or had to go to the doctor or hospital. Bring any police reports, medical records, etc.
Arizona Restraining Order & Order of Protection Attorneys
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, PC as soon as possible.
If you have questions about the basis for a restraining order in Arizona, you should seriously consider contacting the attorneys at Hildebrand Law, PC. Our Arizona restraining order and family law attorneys have over 100 years of combined experience successfully representing clients in restraining order and family law cases.
Our family law firm has earned numerous awards such as US News and World Reports Best Arizona Family Law Firm, US News and World Report Best Divorce Attorneys, “Best of the Valley” by Arizona Foothills readers, and “Best Arizona Divorce Law Firms” by North Scottsdale Magazine.
Call us today at (480)305-8300 or reach out to us through our appointment scheduling form to schedule your personalized consultation and turn your restraining order or family law case around today.
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