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Arizona
Domestic Abuse and Protective Orders
What are Protective Orders?
Protective orders are filed by a person who has
been abused or is in danger of abuse or violence from another.
These orders prevent or limit the contact a person may have with
the person who requests the order. These orders may also be
filed by minor children who are in danger of abuse. In case of a
minor child, the child’s legal guardian, parent or custodian
will file the petition on the child’s behalf.
A protective order may not be an all encompassing
order that forbids any kind of contact but may include certain
modifications, and exceptions as needed. For instance, a
protective order may prevent the respondent (the one who is
being restricted) from getting within 100 feet of the protected
person, or may include contact only during child visitation.
In Arizona, there are 5 types of protective orders:
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Order of
Protection;
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Emergency Order
of Protection;
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Release Order;
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Injunction
against Harassment;
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Injunction
against Workplace Harassment.
In Arizona, persons
who believe that they are in danger of abuse or violence can seek an
Order of Protection that limits the contact that the offending party
has with them. For a court to issue an Order of Protection, the
defendant or the offending party must fall in the following
categories in terms of their relationship to you:
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Spouse;
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Former spouse;
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Parent of your
child;
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Has lived with
you in the past;
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Currently lives
with you;
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Your parent,
grandchild, child, brother, sister, grandparent;
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Parents-in-law,
grandparents-in-law, stepchild, step grandchild, brother-in–law, sister-in-law, stepparent or step grandparent;
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Anyone who lives
in the same house with a child. Here, the child must have a
blood relationship with the former spouse of the offending
party, or someone who lives or has lived in the past in the same
house, as the offending party.
An Emergency Order of
Protection is granted for the immediate security of a person, when
there is reason to believe that there is immediate and grave danger
to his/her life and safety.
How can I Obtain an Order of
Protection?
A person wishing to
obtain a protective order may do so by filing a petition at any
Justice Court or Superior Court, or any Municipal Court. But if the
petitioners and defendants are involved in a divorce case or other
family law issue, then the petition will be filed at the Superior
Court level. An Order of Protection is a civil order, and will not be
filed in a criminal court.
It’s important to
understand that granting an Order of Protection does not require
witnesses to the abuse or even the presence of visible signs of
violence. It may be sufficient if the petitioner can show that she
or she was abused during the past year, or is in danger of being
abused in the future.
Types of Domestic Violence or Abuse
Arizona statutes
define a broad range of abuses that are covered under domestic
violence laws. These definitions can go beyond physical violence,
and include:
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Verbal abuse
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Emotional abuse
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Violence against
children
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Threats of
assault
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Placing the
person in a situation where there is a risk of injury
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Verbal harassment
through electronic communication devices
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Damage to
property
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Kidnap
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Assault
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Videotaping,
photographing or otherwise surreptitiously recording movements
without your knowledge.
Protective Order Modification
A defendant, who has
been restricted from contact, can also file to have an Order of
Protection dismissed or modified. This can be done by filing a
Request for Hearing. If an Order of Protection is granted for a
period of one year, any subsequent petition to modify or dismiss the
original Order of Protection must be filed within that year and in
the same court that issued the original Order.
There are several
ways in which a defendant may be able to prove to a court that the
Order of Protection must be modified or dismissed:
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Defendant may try
to argue that the abuse allegations were false, and that there
was no evidence to back these up;
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Defendant may try
to argue that there was resumption of spousal relations after
the Order of Protection petition was filed;
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Defendant may argue
that there was a long time gap between the alleged abuse or
violence, and the filing of a petition for an Order of
Protection;
(The following two arguments may be presented to prove that
the petitioner was not as afraid of the defendant as he/she
claimed.)
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Defendant may argue
that the partner who had filed an Order of Protection had made
up stories about abuse;
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In a case where
an Order of Protection is filed together with a divorce
petition, he/she may argue that this was a tactical maneuver on
the part of the partner filing the petition;
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Defendant may argue
that the violence could not have been serious, because the
partner never sought medical care for injuries.
An Order of
Protection may restrict a person's movements around you, and will
limit the kind of contact he/she has with you. However, Arizona
domestic violence lawyers would advise persons to also keep their
employers, authorities at their children’s school and other
entities, informed of the Order of Protection. It is important that
persons seeking protection also take steps to ensure their own
safety, even after the Order of Protection has been issued.
Domestic Violence and Custody
Arizona Courts
consider evidence of domestic violence as being contrary to the best
interest of a child. Joint Custody shall not be awarded if a Court
finds the existence of significant domestic violence pursuant to
ARS § 13-3601 or if a preponderance of the evidence reveals a
significant history of domestic violence.
ARS § 25-403.03.
Arizona Domestic Abuse
and Protective Orders Resources
Arizona Protection Orders (AZLawHelp)
http://www.azattorneymag-digital.com/azattorneymag/200910/#pg25
See Also:
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