In Arizona, there are two basic types of restraining orders, which are orders of protection and injunctions against harassment. Although both forms of protection offer the same type of security to a victim, they are different when it comes to the relationship between the victim and the defendant.
Injunctions against harassment is when no familial relationship exists or the parties to do not reside in the same household. Examples include:
- The victim and defendant are co-workers or neighbors
- The victim and defendant are friends or acquaintances
Orders of Protections are only available when certain relationships exist between the victim and defendant. Those relationships consist of:
- Marriage, cohabitation, or former marriage or cohabitation
- The victim and the defendant have a child in common
- The victim or defendant is pregnant by the other party
- Specified blood by-marriage relationships
In family law cases, the most common restraining order is an Order of Protection which is used to prevent acts of domestic violence (also known as family violence). Unfortunately, in some cases when couples are seeking a divorce or dissolving their relationship, one party fabricates allegations of domestic violence. Because of this, at any time while the order of protection is in effect, the defendant is entitled to request one hearing, at which time the defendant may present evidence in order to contest the victim’s allegations of domestic violence.
Orders of protection are valid for one year and can also provide protection to one’s children. The order of protection has the same effect as if the plaintiff has sole physical custody which restricts the defendant from have any contact and parenting time with their child. However, an order of protection is NOT to be confused with a child custody order.
Contact Owens & Perkins regarding obtaining or contesting an order of protection or injunction of harassment at 480.994.8824 to schedule a free consultation.