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
- Manslaughter
- Second Degree Murder
- First Degree Murder
- Endangerment
- Threatening or Intimidating
- Assault
- Aggravated Assault
- Custodial Interference
- Unlawful Imprisonment
- Kidnapping
- 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
- Harassment
- Stalking
- 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 decades 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.
More Articles About Restraining Orders in Arizona
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- SOCIAL MEDIA AND RESTRAINING ORDERS IN ARIZONA
- CAN YOU BE REMOVED FROM YOUR HOME BY AN ARIZONA ORDER OF PROTECTION
- WHAT YOU NEED TO GET AN ORDER OF PROTECTION IN ARIZONA
- WHAT TO DO IF YOUR CHILDREN ARE ON AN ARIZONA ORDER OF PROTECTION
- GETTING AN ORDER OF PROTECTION AGAINST A STEPCHILD IN ARIZONA
- SIGNIFICANT DOMESTIC VIOLENCE AND CHILD CUSTODY MATTERS IN ARIZONA
- ORDERS OF PROTECTION AND INJUNCTIONS AGAINST HARASSMENT IN ARIZONA
- ORDER OF PROTECTION AND FIREARM RESTRICTIONS IN ARIZONA
- ORDER OF PROTECTION AND CHILD VISITATION IN ARIZONA
- HOW TO GET AN ARIZONA ORDER OF PROTECTION DISMISSED OR MODIFIED
- FIGHTING A RESTRAINING ORDER IN ARIZONA
- FALSE ACCUSATIONS OF DOMESTIC VIOLENCE IN AN ARIZONA DIVORCE
- CONSEQUENCES OF VIOLATING AN ORDER OF PROTECTION IN ARIZONA
- CONSEQUENCES OF AN ORDER OF PROTECTION IN ARIZONA
- BASIS FOR RESTRAINING ORDER IN ARIZONA
- APPEALING AN ORDER OF PROTECTION CONSOLIDATED WITH A DIVORCE IN ARIZONA
- ALLEGATIONS NOT INCLUDED IN THE PETITION FOR AN ORDER OF PROTECTION IN ARIZONA
- PARTS OF THE RECORD TO INCLUDE IN AN APPEAL OF AN ORDER OF PROTECTION IN ARIZONA
- OVERTURNING AN ORDER OF PROTECTION IN ARIZONA
- HOW DO RESTRAINING ORDERS WORK IN ARIZONA
- ARIZONA ORDER OF PROTECTION FREQUENTLY ASKED QUESTIONS
About the Author: Christopher Hildebrand is an award-winning Arizona divorce and family law attorney with decades of experience with a law practice that has received numerous awards including “US News and World Report Best Law Firms”, “Top Family Law Attorney” from North Valley magazine, “Best of the Valley Family Law Attorneys” from Arizona Foothills Magazine, “Preeminent Attorney AV Rated” attorney from Martindale-Hubbell, and many others.