Difference Between an Order of Protection and an Injunction Against Harassment in Arizona
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Why Knowing the Difference Between an Order of Protection and an Injunction Against Harassment in Arizona is Important
Some people have asked about the difference between an Order of Protection and an Injunction Against Harassment in Arizona, so we want to take some time to explain those differences.
First, you should know that both an Order of Protection and an Injunction Against Harassment are restraining orders. Restraining orders are court orders that require a person to stay away from another person or a place, such as a home, school or place of business.
If you file the wrong restraining order, a judge may denying granting you a restraining order, so make sure you know the difference between an Order of Protection and an Injunction Against Harassment.
Restraining Orders for Familial Relationships Versus All Other People
The most important difference between an order of protection or an injunction for harassment in Arizona is that an Order of Protection applies when there is a familial type relationship between the parties, such as a spouse, a former spouse, any person with whom you live or have lived with, someone with whom you have a child and against most other relatives that are related by blood or by marriage.
An Injunction Against Harassment, however, may only be filed against a person when there is no familial type relationship between the parties, such as neighbors, co-workers, and acquaintances.
Requirements for an Order of Protection and an Injunction Against Harassment in Arizona
Other than the distinction relating to the existence of a familial relationship, there are no differences for the requirements to be granted an Order of Protection or an Injunction.
In each case, you must show the defendant violated one of several criminal statutes found in title 13 to be granted either type of restraining order. Specifically, you would need to allege the defendant committed one of the following offenses:
- Negligent Homicide
- Second Degree Murder
- First Degree Murder
- Threatening or Intimidating
- Aggravated Assault
- Custodial Interference
- Unlawful Imprisonment
- Sexual Assault
- Unlawful Disclosure of Pictures Depicting State of Nudity or Specific Sexual Activity
- Criminal Trespass
- Criminal Damage
- Interfering With Judicial Proceedings
- Disorderly Conduct
- Cruelty to Animals
- Preventing the Use of a Telephone to Make an Emergency Call
- Use of Electronic Communication to Terrify, Intimidate, Threaten or Harass
- Surreptitious Photographing, Videotaping, Filing or Digitally Recording or Viewing
- Abuse of a Child or a Vulnerable Adult
Speak to One of Our Arizona Attorneys
If you have questions about the difference between an order of protection and an injunction against harassment 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.
Frequently Asked Questions About Orders of Protection in Arizona:
Is an Order of Protection the Same as an Injunction Against Harassment in Arizona?
No, an Order of Protection requires the existence of a familial relationship with the defendant whereas an Injunction to Prohibit Harrassment in Arizona has no such requirement.
What is an Injunction Against Harassment in Arizona?
An Injunction Against Harrassment is a restraining order against a person with whom you do not have a familial relationship.
What is the Difference Between an Order and an Injunction?
A court order typically requires you to do something whereas an injunction is granted by a judge in Arizona to prevent you from doing something, such as having contact with a person or being present at a physical locations, such as a home, school, or workplace.
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