Survivors of domestic violence have civil and criminal options to shield themselves against further abuse. Although these orders won’t necessarily stop an abuser from stalking or hurting a victim, they allow the victim to call the police and have the abuser arrested for violating the order.
Protection orders may include children, other family members, roommates, or current romantic partners of the victim. To obtain a protection order, you need to file the required legal papers with your local court and follow Arizona state laws to present evidence at your hearing and to serve your abuser. As an experienced Northern Arizona attorney, Vaughan S. Winborne can help you.
Order of Protection & Abuse
An Order of Protection in Arizona can be based on a family or household relationship, and an Order of Protection can be obtained if violence is alleged against the family or household members.
While the Order of Protection is in effect, it must be obeyed. If it is not obeyed by the person ordered by the court, that is grounds for contempt of court, which can result in jail time. If you are served with an Order of Protection, you are required to obey each and every term of the Order of Protection. Because the Order of Protection is temporary, you will have the opportunity to contest it in court. If you violate the Order of Protection, it is contempt of court which can lead to jail and can hurt you when the time comes to contest. The same goes for the person who brings the Order of Protection, because if that person violates the terms before the contested hearing, you may show that the Order of Protection is unnecessary.
Closely related to the Order of Protection is the crime of “abuse of a family or household member,” and this is a crime that can result in jail time. The Order of Protection and criminal abuse of a family or household member cases are to be taken very seriously. Either of them can affect future employment or the ability to obtain or retain a security clearance that is necessary for many jobs for government-related occupations.
Frequently Asked Questions About Orders of Protection and Abuse
If you are seeking shelter from a former abuser, you want to take all necessary steps to ensure your ongoing safety in a home environment. Here are some of the essential things you should know about protection orders.
What is an Order of Protection?
If you believe domestic violence or abuse are putting your safety in danger, you can ask the court to provide you with an Order of Protection or an Injunction Against Harassment. An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting anyone who is under the protection of the order. It also provides several kinds of protective relief, such as removing weapons from the home.
What types of protective orders are available in Arizona?
In Arizona, there are five kinds of protective orders:
- Order of Protection
- Emergency Order of Protection
- Release Order
- Injunction Against Harassment
- Injunction Against Workplace Harassment
How and where can I get an Order of Protection or an Injunction Against Harassment?
You may file a petition for an Order of Protection or Injunction Against Harassment in any superior, municipal, or justice court in Arizona. When you enter the court, tell the clerk you are requesting an Order of Protection or an Injunction Against Harassment. The clerk will give you the correct paperwork to file.
What information do I need to obtain an Order of Protection or Injunction Against Harassment?
To get an Order of Protection or Injunction Against Harassment, you will need:
- The name, date of birth, and address, if known, of your abuser or harasser, and, if applicable, any other address that person may use.
- The dates and circumstances of domestic violence or harassing acts, or why you believe you may experience domestic violence or harm without protection.
- A safe address and phone number to reach you so the court can notify you if a hearing is scheduled or if the date of your hearing changes.
- Additional helpful information includes a physical description, Social Security number, and any nicknames or aliases the defendant may use.
Do I have to be an adult to get an Order of Protection or an Injunction Against Harassment?
Unless the court determines otherwise if a person seeking protection is a minor, a parent or legal guardian must request the order. However, the judicial officer has the discretion to allow a minor to request order in cases where a parent or guardian is missing or not available, or where the minor is seeking relief from the parent.
Can I include my children or other family members?
Yes. You can include children, family members, or friends in your Order of Protection or Injunction Against Harassment if the judge determines it is appropriate. If the family or friend you want to add is an adult, the judge may require this person to be present when requesting the protective order.
How much does it cost to get an Order of Protection or Injunction Against Harassment?
By law, there are no filing fees to have the Order of Protection or Injunction Against Harassment served.
Retain a Reputable Flagstaff, AZ Lawyer
The sensible course of action for anyone who is seeking help for a domestic violence situation or who has been accused of abuse of a family or household member is to immediately contact Vaughan S. Winborne for assistance. Vaughan S. Winborne is a sole practitioner, so there is no worry about a less experienced attorney handling your case. He works with people in Northern Arizona, and has previously practiced law in Hawaii and North Carolina.
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