Orders of Protection, Restraining Orders in Arizona
If you want to get a protective order, also known as a restraining order in Arizona, you need to understand what a protective order is and the types of protection it provides. Protective orders in Arizona are designed to restrain the subjects from harassing or perpetrating domestic violence against specific people or groups of individuals.
If you want to get help securing a restraining order in Arizona, call the attorneys at Colburn Hintze Maletta today.
What is a Protective Order (Order of Protection) Arizona?
Under ARS 13-3602, an order of protection (a.k.a. protective order) may be granted if the court makes one of the following findings:
- The subject might commit an act of domestic violence;
- The subject has committed an act of domestic violence within the past year, or longer with good cause, against the person seeking protection.
To get a protection order, you must have a qualifying relationship with the person against whom you are seeking the order. People who can seek protection orders include those with the following relationships with the people from whom they are seeking protection:
- Spouse
- Ex-spouse
- A person who lives or has lived with the other
- Sexual or romantic partner
- A person who is pregnant by the person or shares a child with him or her
- Relative
- Parent, in-law, grandparent, or sibling
A parent can also ask the court for a protection order to protect a child. To get a restraining order in Arizona, you must file a petition for a protective order with the court. This request will be reviewed by a judge, and the judge will issue a decision on the same day.
If the judge grants your request and issues an order, it must be served on the restrained party. The court may then, if requested by the defendant, set an evidentiary to determine whether, based on the evidence and testimony presented, the order of protection should be dismissed (quashed; revoked), modified, or affirmed (upheld).
The attorneys at Colburn Hintze Maletta are experienced in helping people to secure and defend against protective orders.. If you need assistance obtaining or challenging a restraining order in Arizona, contact us today for immediate help.
What Will a Protective Order Do?
If the judge grants a request for a restraining order in Arizona, he or she can order several types of relief. Some of the options available to the judge include the following:
- Enjoining (preventing) the subject of the protection order from committing any acts of domestic violence
- Granting the protected person sole and exclusive use of the shared residence
- Restraining the subject from going to the protected person’s home, workplace, or school
- Prohibiting the subject from possessing firearms
- Requiring the subject to complete a domestic violence treatment program following a hearing
- Granting the protected person sole and exclusive ownership of pets
- Granting any other relief deemed necessary and appropriate
Choosing A Divorce Attorney in Arizona
In Arizona, family law issues strike close to home for most people. To make the right decisions for your family in a family law case, you will need the help of an experienced and knowledgeable advocate to advise and guide you through the process.
The Arizona family law attorneys at Colburn Hintze Maletta work closely with people who are going through a divorce, child custody and visitation matters, modifications, and more. We also help with establishing paternity, legal decision-making, prenuptial agreements, and same-sex divorce issues.
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