Protective Orders
Sander Law Firm
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.”
Order for Lifetime No-Contact Injunction
In Arizona, you can obtain an Order for a Lifetime No-Contact Injunction if you are a victim in a case in which the Defendant has been convicted of certain crimes. Those crimes include the following:
– A dangerous offense, which means an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person.
– Aggravated Assault.
– Sexual Assault.
– Any dangerous crime against children.
– Arson of an occupied structure.
– Armed robbery.
– Burglary in the first degree.
– Kidnapping.
– Sexual conduct with a minor under fifteen years of age.
– Child sex trafficking.
– Molestation of a child.
– Sexual exploitation of a minor.
– Committing assault with intent to incite to riot or participate in riot.
– Drive by shooting.
– Discharging a firearm at a residential structure if the structure is occupied.
– Terrorism.
– Stalking.
– Voyeurism.
If you or your child have been a victim of an offense listed here, or a similar offense, contact our office to discuss whether you are eligible for an Order for a Lifetime No-Contact Injunction.
Whether you are in need of a protective order or have been served with one, if you would like to work with an experienced Attorney, please call The Sander Law Firm at 480-454-3990 to schedule your consultation.
