How an Order of Protection Keeps You Safe
If you are in a relationship with someone who physically, emotionally or sexually abuses you or family members, that person is committing domestic violence and possibly a myriad of other crimes. It is important to know that you are not alone in your strife. People from all socioeconomic, ethnic, and educational backgrounds experience domestic violence.
When Can I Get an Order of Protection
If a person is experiencing domestic violence then they have the legal right to seek from the courts by getting a protective order. In Arizona, domestic violence is defined by a variety of abusive acts. The victim must be able to show the courts that the person whom they want protection from has committed or may commit domestic violence.
It is important to know that you don’t have to be physically injured to be a victim of domestic violence. Arizona law states that domestic violence occurs if a person has
- Endangered you with threats and harassment
- Trespassed or damaged you with property
- Restrained, kidnapped or held you prisoner
- Assaulted you with his/her body or weapon
- Threatened you with a deadly weapon
- Stalked you.
How an Order of Protection Works
An order of protection is a legal restraint that prohibits a person from committing acts of domestic violence or from coming into the contact with people protected by the order. It also provides different forms of protective relief, such as removing weapons from the house, adding other people to the protective order and exclusive use of the home.
The protective order keeps you safe by legally insulating you and your family from the perpetrator of domestic violence. individuals can receive an emergency order of protection if they believe that their health and live are in immediate danger. Unless continued by the court an emergency order is valid only until the end of the next day of judicial business.
You may file a petition for an order of protection in any superior municipal or justice court regardless of where you live in Arizona. When you enter the court, head to the Clerk of the Court’s counter, Self Service Center or protection order window and tell the attendant your intention to file an order of protection.
In some cases it may be beneficial to have an attorney at your side to make the tough decisions to keep you and your family safe.