A Protective Order, or commonly classified as a restraining order, is a court-issued document used to prevent any kind of contact or abusive behavior from a threatening individual. If you have experienced domestic violence or a threat of domestic violence, you can seek relief from the courts by obtaining one of the protective orders referenced below.
Domestic violence can include, but is not limited to:
- Threats, intimidation, or harassment
- Trespassing or damaging property
- Restraint or kidnapping
- Physical assault
- Threatening with a deadly weapon
There are five different types of protective orders in Arizona. Each type could be relevant to your particular needs and to the relationship to the person you are seeking protection from.
1. Order of Protection
An Order of Protection is a court-mandated order in writing, stating that an abuser cannot contact or harass the protected individual. An Order of Protection can be acquired only if you have or have had a specific type of relationship with the opposing party. You can also request certain limits on your partner’s behavior, such as limiting access to your home or removing firearms from the property.
2. Emergency Order of Protection
An Emergency Order of Protection is another legal document used to protect an individual from domestic violence, but can be granted by phone, in writing, or verbally. This order can include the same limitations as a standard Order of Protection, but is granted to those in “imminent and present danger of domestic violence.”
3. Release Order
A Release Order states that, if a person is arrested for domestic violence and is then released from custody, the victim must be provided with some sort of protection leading up to the trial. These conditions may be similar to that of an Emergency Order of Protection. If the order is violated, the victim may then be provided a peace officer to enforce their conditions.
4. Injunction Against Harassment
The Injunction Against Harassment is a protective order against neighbors, strangers, or current/former significant others. This document orders an individual to stop harassing, annoying, or alarming another individual. However, it does not protect exclusive rights to your home and differs from the above orders.
5. Injunction Against Workplace Harassment
Similar to an Injunction Against Harassment, the Injunction Against Workplace Harassment protects against harassment—repeated threats or damage over a period of time—but does not cover the protection of your home . However, it allows an employer to file for protection on behalf of multiple employees.
If you are considering filing for a Protective Order, or have already begun the process, Raiff Representation can help guide you in the right direction and ensure what is best for your safety. Call or email us today to schedule a one-on-one consultation with a skilled family attorney.