In some family law cases, an Order of Protection may be necessary to protect you. Orders of Protection can be obtained when your current or former spouse or romantic partner harasses you, threatens to commit domestic violence, or does commit violence. This legal document prohibits a person from having unwanted contact with you and is meant to prevent future domestic violence and harassment. If you are terminating your relationship, and you’ve reached a point where walking away is not enough to leave you feeling safe and secure, you may need to consider filing for an Order of Protection. If you are in imminent danger of domestic violence, call 9-1-1.
In Arizona there are two kinds of restraining orders. The first is an Order of Protection, which is granted when the restraining order is against a family member or romantic partner. An Injunction Against Harassment is used to obtain a restraining order against someone who is not your relative or your current or former romantic partner.
It’s important to know there does not need to be actual domestic violence committed to receive an Order of Protection. The mere threat of violence or harassment is enough. You, as the plaintiff in the case, just need to document the dates, facts, and reasons why harm may occur without an order to stop it. In addition to keeping a physical distance, the order can also ensure removal of firearms and other weapons from the home or give you exclusive use of the home.
Once an order has been served it is good for one year. If the defendant (the person you name in the order) breaks the order, you should call 9-1-1. Criminal charges may be filed.
Leaving an unhealthy relationship is not easy and the presence or threat of domestic violence can complicate things and create a need for you to take extra steps to keep yourself safe. If you are considering filing an Order of Protection, please reach out to our firm for assistance. We can help you ensure you’re getting all the resources and help you need to make this difficult transition and protect yourself.
Pangerl Law Firm P.L.L.C. focuses on divorce, child custody, mother’s and father’s rights, child support, and all other areas of family law, as well as personal injury claims. Our office is located in Deer Valley and serves the greater Phoenix area, including the communities of Scottsdale, Peoria, Glendale, Cave Creek, Avondale, Goodyear, Surprise, Mesa, Tempe, Anthem, New River, North Phoenix and Phoenix. For more information, call: 602-942-6200.