Orders of Protection and What do they Do?

| Family Law | July 2, 2020

Why would you Need a Protective Order?

First and foremost protective orders are available to those that are, or may be, a victim of domestic violence. What is domestic violence? "A person who uses threats, harasses, molests, stalks, attacks, batters or strikes an intimate partner, family members, or his or her children is committing domestic violence. People from all ethnic, educational, and socioeconomic backgrounds can experience domestic violence. A person who is experiencing domestic violence has a legal right to seek relief from the courts by getting an Order of Protection. A person who is seeking protection from harassment but who does not meet the relationship requirements for an Order of Protection may ask the court for an Injunction Against Harassment. In the State of Arizona, domestic violence includes a variety of abusive acts in combination with specific relationships. The crimes and relationships are found in Arizona Revised Statutes (A.R.S.) § 13-3601."1

Types of Orders of Protection

In Arizona there are two types of protective orders. Below is information directly from phoenix.gov regarding protective orders 2:

Orders of Protection

An Order of Protection (A.R.S. 13-3602) is a court order to seek protection from a person you live with, now or in the past, or is an immediate family member. Examples of a requested Order of Protection would be filed against:

  • Your current or former spouse
  • Someone with whom you live or have lived
  • Someone with whom you are having a romantic or sexual relationship
  • One party pregnant by the other party or someone with whom you have a child in common
  • Your relative, or your current spouse's relative (contact the Court for specific relatives)
  • One of the parties is a parent, grandparent, in-law or sibling

Injunction Against Harassment

An Injunction Against Harassment (A.R.S. 12-1809) is a court order to seek protection from a person other than someone you live with, a person with whom you have no relationship, or a current or former non-family member. Injunctions Against Harassment can be issued for individuals and workplaces. To have an injunction granted or issued:

  • The defendant must have committed acts of harassment in the last year
  • There must be at least two specific acts of harassment committed

Types of Harassment and Domestic Violence

  • Assault
  • Aggravated Assault
  • Aggravated Harassment
  • Aggravated Domestic Violence
  • Child or Vulnerable adult abuse
  • Criminal Damage
  • Criminal Trespass - first, second or third degree
  • Crimes Against Children
  • Custodial Interference
  • Disobeying a court order
  • Disorderly Conduct
  • Endangerment
  • Harassment
  • Kidnapping
  • Stalking
  • Surreptitious Videotaping
  • Threatening and Intimidating

What A Protective Order Does

  • Prohibits a person from coming near a home, work site, school, or other locations listed on the court order
  • Provides you with legal recourse for one year if the person who is served violates the order

What It Does Not Do

  • Does not resolve landlord/tenant disputes
  • Does not change custody or visitation orders
  • Does not guarantee your safety

What to do Now?

If you feel you are in immediate and eminent danger call 911. If you feel that there is no immediate danger and would like to discuss your options with a qualified family law attorney, we invite you to give us a call to schedule a consultation: (480) 285-1735. We are the family law attorneys of Duenas Eden Law, PLC. We will consult, guide and advocate on your behalf in your family law matter. Our Office in the Ahwatukee area of Phoenix, AZ and we serve the communities of Ocotillo, Chandler, Laveen, Tempe, Mesa, Gilbert and San Tan Valley.

At Duenas Eden, the health and safety of our employees and clients is of utmost importance. We are currently working remotely, but are available to address your individual needs. We have added new telephone numbers to better assist you. Please call or text attorney Amy Duenas at (602) 492-5636, attorney Dorian Eden at (480) 269–1731, or paralegal Chris Esparza at (480) 269-2158.  Our main office number of (480) 285-1735 is still being monitored hourly. Thank you for your patience during this difficult time for all.

Sources

1 https://www.azcourts.gov/Portals/33/DV/AOCDVPO1H.pdf (page 1)

2 https://www.phoenix.gov/court/protection-orders

Additional Information:

Things You Should Know About Protective Orders booklet (pdf)

 

 

 

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