An Arizona Protection Order Is A Serious Situation — One Mistake Can Be Life-Changing. If You Have Been Arrested Or Charged With A Crime, Future First Criminal Law Is Prepared To Ruthlessly Advocate For Your Defense
An Arizona protection order, also commonly referred to as a restraining order, is a court order intended to protect victims from an abuser or harasser. This order prevents a defendant from being near the victim or having contact with the victim. If you have been accused of domestic violence or have had a restraining order placed on you by a neighbor, stranger, or coworker, read on for more information.
WHO CAN GET AN ARIZONA PROTECTION ORDER?
In Arizona, a victim of abuse or harassment can obtain a protection order against an individual with whom they have a “family” relationship. A family relationship, by legal definition, includes those who:
- Are currently married or were formerly married.
- Are currently living together or formerly lived together.
- Are the parents of a common child or one who is pregnant by the other.
- Are related by blood or court order, with the defendant being the victim’s parent, grandparent, child, grandchild, brother, or sister by blood or court order; one is the brother-in-law, sister-in-law, or parent-in-law of the other; step-parent or step-child.
- Are currently or were formerly in a romantic or sexual relationship with each other.
If the victim who is seeking a protection order is a minor, the petition is filed by the minor’s legal guardian unless the court determines that someone else should file the petition.
The protection order is designed to prevent someone from committing an act of domestic violence or to prevent those who have committed an act of domestic violence within the past year (or longer period, if the court deems it necessary to extend the time of consideration) from continuing to abuse or harass their victim. The actions that the protection order aims to prevent can include:
- Physical abuse, such as hitting, shoving, or kicking.
- Emotional abuse, such as intimidation, abusive language, or the threat of violence.
- Harassment or stalking, such as harassing phone calls, stalking a person online on social media, criminal trespass, or videotaping private acts.
The Different Types of Protection Orders
Not all restraining orders pertain to domestic violence cases in which one family member is accused of abusing or harassing another. Coworkers, neighbors, or even strangers can also be the subject of an order. There are five types of restraining orders in Arizona, including:
- An order of protection, which is described above.
- An emergency order of protection, which can be granted by an authorized judicial officer through writing, verbally, or over the phone if a victim is in imminent and present danger of domestic violence.
- A release order, which is issued in rural counties when courts are closed and there is not an authorized judicial officer available to issue an emergency protection order. The release order often states conditions of the individual’s release on bail if they are arrested for domestic violence.
- An injunction against harassment, which can be taken against neighbors, strangers, or former romantic partners.
- An injunction against workplace harassment, which is the state’s newest form of protection order, and can be taken against a coworker or third-party in the workplace who has engaged in a single act of physical harm or threat, or a series of acts over time that leave an employee seriously annoyed or alarmed.
How Long Does a Protection Order Last?
Protection orders last for one year after they’re issued unless the court chooses to extend the order or dismiss it. During this time, the defendant can have no contact with the victim and can be arrested if contact is made, even if that contact is instigated by the victim. The protection order can also prevent the defendant from purchasing or possessing firearms during that time or to surrender firearms and ammunition that are already in his or her possession. If you are the subject of a protection order involving someone who lives with you, you could be ordered to leave the home until the order is no longer active. During this time, you can also be prevented from having contact with your children if they are also named in the order.
The Consequences of Breaking an Arizona Protection Order
If a defendant violates an active Arizona protection order, he or she can be charged with a crime. Violation of an order for protection is a misdemeanor charge that can result in up to six months in jail, and a maximum fine of $2,500 plus an 84 percent surcharge. Additionally, the presence of the restraining order will show up in the defendant’s public records when he or she undergoes a background check. Once the year is up, if the victim can show that he or she is still in danger of harassment or abuse, the order can be extended for another year.
If you have been issued a restraining order or you are facing a restraining order violation in Arizona, contact us for more information about your legal options.
Frequently Asked Questions
How does an order of protection work in Arizona?
An Arizona protection order is designed to help people who are victims of violence and/or harassment. They dictate that the subject cannot have any contact with the victim, otherwise, they may face jail time and other charges.
How long does a restraining order last in Arizona?
In most situations, an order of protection in Arizona lasts for one year after it was served. This will remain true even if the order was modified. The subject of the restraining order does however have the opportunity to request a hearing in order to try to get the order either changed or dismissed.
Does an order of protection work both ways?
A restraining order only works to dictate that the subject stay away from the victim. In order to say that both parties must not have contact with the other, they both must have outstanding protection orders against each other.
Find The Right Phoenix Domestic Violence Attorney For Your Arizona Protection Order Case
If you need a domestic violence attorney in Arizona, Look for an experienced criminal defense law firm that can dedicate all of their time and resources to helping clients with criminal charges. Find a knowledgeable domestic violence attorney who is willing to educate and advocate through every step of the legal process. Future First Criminal Law will get to know your case and develop a strategy that will work best for you. Request a free consultation today.
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