Orders of Protection / Domestic Violence

Domestic Violence Attorney Phoenix, AZ

Orders of Protection:  Orders of Protection are governed by Arizona Revised Statutes Sections 13-3602 et. seq. and the Arizona Rules of Protective Order Procedure. An Order of Protection is a Court order that precludes the defendant from engaging in certain acts, which may affect your safety or security. Orders of Protection are the most common type of restraining order in family law cases for the reason that they apply where parties are married, were previously married, resided together, have a child together, have had an intimate relationship, are related by blood, are pregnant by the other party, or have another type of relationship defined by statute.

Limited or No Contact:  The defendant may be precluded from contacting you altogether when an Order of Protection is obtained. In the alternative, if you do not wish to preclude all contact, a defendant may be limited to only contacting you in writing or by other selected mode of communication. An Order of Protection may apply to specific locations such as your residence, workplace, school, etc. An Order of Protection may grant the victim of domestic violence exclusive use and possession of the parties’ common residence, and the defendant may be precluded from going to such residence altogether pending further order of the court. The defendant may be ordered to do other things by the Court to help ensure the victim’s safety including surrendering his or her firearms and other weapons, and may be ordered to complete a Court approved domestic violence program.

Burden of Proof to Obtain an Order of Protection: A Petition for Order of Protection is generally filed by a party who has been or may be subjected to domestic violence, or by a parent, legal guardian or custodian of a minor who has been or may be subjected to domestic violence. It is important to note that “domestic violence” does not mean that a person has to be subjected to physical violence or that a person has to prove he or she was injured.  The Court needs to only have “reasonable cause to believe” that a person has engaged in domestic violence during the last year, or may engage in domestic violence, in order to issue an Order of Protection. If an evidentiary hearing is requested by the other party after an Order of Protection is issued, a preponderance of the evidence standard applies (i.e. the Court must find it is more likely than not that the events happened as alleged). Thus, a person should not necessarily be reluctant to seek an Order of Protection just because no one else witnessed the events. A person’s testimony by itself may be enough for the Court.

Types of Domestic Violence:  The Arizona Revised Statutes provide that domestic violence includes (but is not limited to) the following:

• Dangerous crimes against children
• Reckless endangerment
• Threatening or intimidating a person
• Threatening to cause injury to a person or serious damage to property
• Assault (intentional or reckless)
• Intentionally placing another person in reasonable apprehension of injury
• Knowingly touching another person with intent to injure, insult, or to provoke
• Custodial interference without lawful right to keep a child from the other party (exceptions may apply)
• Knowingly restraining a person from leaving (unlawful imprisonment)
• Criminal trespass (breaking in or refusing to leave another’s property)
• Intentionally damaging someone else’s property
• Disorderly conduct
• Recklessly displaying a weapon
• Use of a telephone or other communication to terrify, intimidate, threaten, harass, annoy or offend (may include obscene language)
• Anonymous telephone calls
• Stalking or following a person with no legitimate purpose
• Surveillance of another person for no legitimate purpose
• Makes false reports to a law enforcement, social service agency or possibly other sources
• Emotional abuse to a vulnerable adult or minor

It is advisable that you consult with an attorney prior to proceeding to a contested evidentiary hearing regarding an Order of Protection or other type of protective order.