What is an Order of Protection in Arizona?
When a protective order, also referred to as a restraining order in Arizona, becomes necessary, it is crucial to understand its purpose and the various forms of protection it offers. An Order of Protection is first granted by a judge or justice of the peace through a civil action, typically to deter someone from engaging in domestic violence, assault, or harassment.
In Arizona, ARS 13-3602 is a statute that provides a legal shield against abuse or harassment by issuing an Order of Protection or protective order. Within this order, a judge can set boundaries on a person's conduct, including ordering them to cease abusive behavior towards you and your children.
It's necessary to demonstrate to the court that the individual you're seeking protection from has engaged in or is likely to engage in Domestic Violence. Physical injury or harm is not a requirement for being a victim of Domestic Violence. Domestic violence takes place when the other party has committed or attempted to do the following actions:
- Threaten or endanger you
- Interface with the guardianship of your children
- Intimidate or harass you
- Trespass or damage your belongings
- Restrain, abduct, or imprison you
- Attack you physically or with a weapon
- Show or threaten you with a deadly weapon
- Secretly take pictures or record you without your knowledge
If a judge approves your appeal and issues a formal ruling, the individual under restraint must be informed. Following that, if the restrained individual requests, the court may conduct a unique session to examine the evidence and testimonies. During this session, the judge will determine whether to revoke, alter, or maintain the protective order in its current state.
Which relationships qualify for an Order of Protection?
In Arizona, a qualifying relationship with the person in question is essential to pursue a protective order. It is often misunderstood that restraining orders may only apply to blood relatives or spouses, but this is inaccurate. The following individuals can potentially be subject to an order of protection:
- Spouse or ex-spouse
- Someone you live or have lived with
- An intimate or romantic partner
- A person with whom you share a child or are expecting a child
- A blood or court-ordered relative, such as:
- In-law relation (parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law)
One must petition the court to obtain a restraining order in Arizona. A judge will then review and render a decision on the same day. Parents can also petition the court for a protection order on behalf of their child.