An order of protection is issued by the court to limit the behavior of someone who harms or threatens to harm you. You may apply for an order of protection if the defendant is connected to you in an intimate manner. For instance, the defendant must be your spouse or former spouse, roommate or former roommate, father or mother of your child or unborn child, a person you were formerly involved with on a romantic or sexual basis, a family member such as a parent, grandparent, brother, sister, etc. or your spouse’s family member.
In order to apply for an order of protection, the defendant has either committed or is about to commit any of the following:
Any of the following acts in which the defendant:
threatens or intimidates;
assaults, including use of a dangerous weapon or causing serious bodily harm;
kidnaps or unlawfully imprisons;
interferes with the custody of a child unlawfully;
criminally trespasses or criminally damages; disorderly conduct or stalks;
abuses a child or vulnerable adult;
interferes with judicial proceedings;
uses a telephone to terrify, intimidate, threaten, harass, annoy, or offend;
In Arizona, orders of protection in the area of family law generally take one of two forms.
Domestic Violence Order of Protection
This is the most commonly requested order of protection. It is a civil order from the court telling the person who has threatened or assaulted you not to threaten or hurt you, enter your residence, or even to leave your shared residence. In addition, the order can require the respondent to seek out counseling.
Injunction Against Harassment
This offers broader protection than a domestic violence protection order. The abuser can be ordered not to have any contact with you by phone, at home, work or almost anywhere you ask the court to put in the order. The abuser may be ordered to vacate the home or residence. In short, the judge has the power under the law to order anything else that will help protect you as long as you agree to it.
What if someone violates an order of protection?
If the abuser or harasser violates the order or protection, you can call the police. The offender may be arrested or charged with violating the court order.
An Phoenix Sex Crimes Lawyer with years of experience in this area of law can be a great help in filing for orders of protection.