Order of Protection
Domestic violence is taken very seriously throughout the country. In the State of Arizona, several laws have been passed that actively attempt to protect domestic violence victims. One such measure is an order of protection which is described under A.R.S. § 13-3602.
An order of protection is a legal restraint put in place as an effort to stop violent or threatening behavior. They are used in domestic situations to prohibit contact between parties with a history or current threat of domestic violence. An order of protection is specifically used when there is a familial type relationship between the two parties. For example a relative, spouse or former spouse, or parties who have a child together.
Family law matters such as divorce can become emotionally charged and orders of protection are a way to avoid potentially harmful situations. However, they can also be used improperly to sway decisions and outcomes related to custody and other familial matters. Because even allegations of domestic abuse are taken very seriously and custody issues are cause to look at every aspect of someone’s life, orders of protection that allege domestic violence can have devastating effects while fighting for parental rights.
To obtain an order of protection, a petition must be filed with the court. Other paperwork is required upon filing as well including specifics regarding incidents of domestic violence or threatening behavior. This includes names of all those whom the petitioner feels needs protection. The petition must be signed and the petitioner must swear to the truth of the information given. A judge then reviews the petition and meets with the petitioner. During the meeting, the judge can ask additional question regarding the alleged incidents. If the judge finds sufficient evidence, they will issue the order of protection which must be served on the other party (the respondent). The order cannot take effect until the respondent has been served.
If you are legitimately seeking an order of protection or are defending yourself against accusations, it is crucial that you consult an experienced attorney. With a strong knowledge of the law and your rights, they can help fight for your best interest. The skilled family law attorneys at Giordano Spanier & Heckele Law Firm can help you with obtaining or defending against an order of protection.
Call today for a consultation (520) 339-6804 or email [email protected]