Common Questions about an Arizona Protective Order
Safety is a critical element in everyday life, and when threatened, a person lives in constant fear. Looking over your shoulder always because of a stalker, an abusive boyfriend, employer, or spouse who molests or batters you is no way to live, and that’s why Arizona introduced protective orders.
Although the law has existed for a while, many people are still unsure when they can request a Protective Order and what it means. This article will list some of the common questions asked by domestic violence victims and provide helpful answers.
What Types of Protective Orders Are Available in Arizona?
A protective order is a document that keeps you safe from an abusive person and prevents them from contacting or coming close to you. Arizona has five types of protective orders, namely:
- Order of Protection
- Emergency Order of Protection
- Release Order
- Injunction Against Harassment
- Injunction Against Workplace Harassment
What Is an Order of Protection and Injunction Against Harassment?
A person can ask the court for an Order of Protection or Injunction Against Harassment if they feel their safety is in danger due to domestic abuse or harassment. Once the court grants the order, the offender is barred from further abuse of the victim. It also provides other reliefs like the removal of firearms from a residence.
What is the Emergency Order of Injunction?
An Emergency Order of Injunction is what you get to prevent further domestic abuse. It can be granted in writing, verbally, or by telephone by a judicial officer. It protects you from imminent and present acts of domestic violence, and it is only valid until the close of the next judicial business day from the date of issuance.
What is a Release Order?
A registered Release Order is what you get in rural areas where it is not compulsory to issue an Emergency Order when the courts are not sitting. The law provides that after releasing anyone arrested for domestic violence from prison, the Release Order should include pretrial release conditions to protect the victim.
What is an Injunction Against Workplace Harassment?
Injunction Against Workplace Harassment is the latest protective order in Arizona. It allows an employer or their agent to file for relief on behalf of all employees, those who enter the employer’s property, and any person performing official work duties.
Is There a Relationship Test?
When seeking relief for domestic harassment, the court will apply a relationship test to determine the type of order to grant. For example, to get an Order of Protection, the abusive party must be a spouse or former spouse. However, there is no requirement to establish a relationship between you and your abuser for an Injunction Against Harassment.
Where Can I Get an Order of Protection?
You can file a petition for an Order of Protection in any superior, municipal, or justice court, regardless of where you reside in Arizona. When you visit any court, locate the clerk counter, self-service center, or protection order window to obtain the proper forms.
Do I Need Legal Representation to Get a Protective Order?
Ordinarily, you can apply for a protection order without the help of an attorney. However, depending on the severity of the abuse you are facing, it is prudent to seek legal advice and representation from a domestic abuse attorney. It would help you avoid your abuser and have someone explain the legal intricacies to you.