Protective Orders
Protective Orders In Arizona
Types Of Protective Orders
Order of Protection
Orders of protection are granted to prevent a person from engaging in acts of domestic violence. Thus, there must be a familial relationship between the plaintiff and defendant. The required relationship exists if the parties are related by marriage or blood. Additionally, Arizona law provides certain statutory relationships that allow a plaintiff to obtain an Order of Protection. The statutory relationships include:
- Parties who live together, or have lived together in the past.
- Parties who have a child in common; one of the parties is pregnant by the other.
- The victim is a child who lives with, or has lived with, the defendant.
- The parties are currently, or were, in a romantic or sexual relationship.
If you meet the relationship requirement, the court must find reasonable cause to believe that the defendant may commit an act of domestic violence or has committed an act of domestic violence within the last year to grant the Order. For specifics on the process for obtaining an Order of Protection, see my blog, titled “Obtaining an Order of Protection or Injunction Against Harassment.”
Injunction Against Harassment
Similar to an Order of Protection, an Injunction Against Harassment is used to prevent the defendant from committing an act of violence, intimidation, or harassment against the plaintiff. The primary difference between the two domestic violence is that there is no relationship requirement for an Injunction Against Harassment. Thus, you are able to obtain an Injunction Against Harassment on any person who has been harassing you or any person who there is reason to believe will inflict irreparable harm on you if the injunction is not granted.
To grant the Injunction Against Harassment, the court must find reasonable evidence that the defendant has committed a series of acts of harassment against the plaintiff in the last year, or find that good cause exists to believe that the plaintiff will suffer great or irreparable harm if the Injunction is not granted. A series of acts of harassment means at least two acts. For specifics on the process for obtaining an Injunction Against Harassment, see my next blog titled “Obtaining an Order of Protection or Injunction Against Harassment.”.
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