You may have heard of restraining orders and protective orders, but you may not know the difference between the two. They are two terms that mean the same thing. In Arizona, protective orders are called Orders of Protection or Injunctions Against Harassment. Some states refer to them as restraining orders or protection from abuse orders. Different names, but they essentially have the same meaning.
Arizona Orders of Protection
Orders of Protection are not for strangers or acquaintances. Instead, they’re meant for victims of domestic violence who are in a romantic, sexual, or family relationship with the individual who has been hurting them, or threatening to hurt them. In order to obtain an Order of Protection, the plaintiff would have to file a petition where they describe domestic violence or threats of violence that have been committed against him or her in the past year. If the nature of the relationship was not familial or romantic, the plaintiff will have to petition for an Injunction Against Harassment if the defendant has engaged in a pattern of harassment against the plaintiff. After the plaintiff files a petition, he or she will have to appear before a judge to explain why they need an Order of Protection. If the judge believes that domestic violence has taken place, or that the defendant may commit an act of domestic violence in the future, the judge may issue the Order of Protection. Possible Effects of an Order of Protection
- The defendant is ordered to STOP the domestic violence.
- The defendant is ordered to move out of the family home.
- The defendant is prohibited from possessing firearms.
- The defendant is ordered to stay away from the plaintiff’s home, work, or school.
Note: Orders of Protection are not effective until they are served on defendants in person. Once they are served, defendants are entitled to a hearing. During this hearing, it’s important to be represented by a skilled criminal defense attorney who is experienced defending domestic violence cases. Next: Accused of Stalking in Phoenix?
Accused of domestic violence in Phoenix? Contact our firm for a free consultation!
