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When to seek a restraining order – How to file a restraining order

Nov 4, 2021 | Orders of Protection, Protective Order, Restraining Orders

Leaving an abusive relationship can be frightening and dangerous but the risks should not stop you from seeking safety for yourself and your family. Receiving an order of protection from a judge can give a greater sense of security as you take the first step.

In Arizona, you can apply for an order of protection to seek protection from a family member or someone with whom you have had a romantic relationship.  An injunction against harassment is issued to protect you from a person with whom you have no romantic relationship or who is not a family member.

A protective order prohibits a person from coming near your home, work, school, or other locations listed on the order. It does not guarantee your safety and does not always impact custody or visitation orders. Ordinarily, judges rule on protective orders the same day a party tries to obtain one.  In Arizona, orders of protection and injunctions against harassment are valid for a year from the date the order of protection or injunction against harassment are issued. A judge may also put in place an Emergency Order of Protection which is valid for only 72 hours.

You do not have to wait for physical violence to happen to seek an order of protection.  They can be issued for harassment, stalking, verbal threats, assault, burglary, custodial interference, abuse to a child or disorderly conduct.

How to seek a Protective Order

You can visit your local superior, municipal or justice court for help filing a protective order. You’ll need the name, date of birth and address of the person you are seeking protection from. You’ll also want to note any court proceedings you have with that individual and any police reports may also be helpful.

You do not need an attorney to file an order of protection but it can be very helpful. Your abuser could request a court hearing to fight the order and it is always helpful to have an attorney on your side. We are happy to help with whatever you need. If you need help leaving an abusive situation, do not hesitate to call the National Domestic Violence Hotline at 1-800-799-7233

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.