Legal Protections Against Domestic Violence: Understanding Protective Orders

It is common for people in a close relationship to argue and disagree. However, sometimes these arguments can escalate into domestic violence. Unfortunately, domestic violence often leaves victims with long-term emotional and psychological wounds. Where there is physical abuse, it can also leave victims with physical injuries.

With domestic violence affecting thousands of people across Arizona, the state severely punishes offenders. Arizona law seeks to hold them accountable for their actions. Arizona has also put in place legal protections for victims, including protective orders. A protective or restraining order helps to keep a victim safe by limiting the offender’s ability to hurt them.

In this article, we will explore protective orders and their significance as a major legal protection against domestic violence.

What is Domestic Violence?

Arizona law A.R.S 13-3601 defines domestic violence as a dangerous or violent act or threats of violence against a person with whom the offender has a domestic relationship. The potential victims of domestic violence include the accused person’s spouse, ex-spouse, children, stepchildren, siblings, parents, and grandparents.

Domestic relationships can also include anyone living in the same household as the accused or a person with whom the accused has or is about to have a child together. Other potential victims include an accused person’s current or former romantic or sexual partners.

Domestic violence can be physical or non-physical, including emotional, verbal, and financial abuse. Arizona law classifies several offenses as domestic violence, including assault, kidnapping, threats, and intimidation. Other offenses include stalking, sexual abuse, secret videotaping, and financial control and neglect. Depending on the severity of a victim’s injuries and the nature of the offense, the law classifies domestic violence as either a misdemeanor or a felony.

Understanding Protective Orders

A protective order is a court order stopping one individual from coming near another individual. The order prohibits the accused person from coming near the other person’s home, school, workplace, and other places as listed on the order. A protective order also prohibits contact by phone, email, or other means.

A judge often issues a protective order in cases of domestic violence, criminal trespassing, and crimes against minors. Besides a typical protective order, the court can also grant an emergency protective order. An emergency protective order helps protect an individual against immediate and present risk of domestic violence.

Types of Protective Orders in Arizona

• Order of Protection. It is a civil court order prohibiting a person from committing acts of domestic violence. It prevents the accused person from contacting the other person. The judge can also order the accused person to surrender their firearms. You can file an order of protection if you are in a domestic relationship with the defendant.
• Emergency Order of Protection (EOP). It is a court order protecting a person in imminent or present danger of domestic violence. An EOP is similar to an order of protection but is only valid for up to seven days.
• Release Order. This is like an emergency order of protection granted to an individual arrested for an act of domestic violence once released from custody.
• Injunction against Harassment. It is a court order requiring a person to stop harassing or threatening another person. It can apply to a person’s neighbors, strangers, or people they are or were dating.
• Injunction against Workplace Harassment. It is a court order request by an employer or an agency to stop an individual from coming into a workplace or place of business. The order protects the employer, employees, or others in the workplace. Unlike an injunction against harassment which is between two people, an injunction against workplace harassment can include several people.

How to Obtain a Protective Order in Arizona

The steps to obtaining a protective order in Arizona include:

Step 1: File the paperwork. The first step is to notify the court about the situation and complete the relevant paperwork. The court staff will forward the completed paperwork to the judge for review.

Step 2: Appear before the Judge. You will appear before the judge who will review your request, including asking questions about the situation that has led to your protective order request.

Step 3: Serving the Protective Order. If the court grants your request, the order becomes legally valid when a court-appointed officer serves or notifies the defendant. A protective order automatically expires if not served within one year. The order is valid for one year after it is served.

Court Hearing. The defendant can request a hearing any time before a protective order expires. In this case, the court will set a hearing within 5 to 10 days of the request and notify you. The judge can dismiss the protective order if you fail to appear for the hearing. Therefore, it is critical to update the court in case of any contact details changes.

As the person who filed a protective order, you can also request the court to dismiss it before it expires.

Enforcing Protective Orders

A protective order can have a life-changing effect on an accused person, including loss of visitation rights, job loss, and removal from their home. Additionally, violating a protective order can land the accused person in jail. Essentially, the court uses law enforcement officers to enforce protective orders.

For instance, the police ensure an accused person leaves a home or surrenders their firearm if a protective order requires them to do so. A defendant who violates or ignores a protective order is a great risk to the person who filed the court order. It is important to report protective order violations immediately.

Contact a Tucson Domestic Violence Lawyer

Besides seeking to hold offenders liable for their actions, Arizona laws also offer legal protection for victims of domestic violence, including protective orders. While it is not mandatory to have a lawyer when filing for a protective or restraining order, having one makes the process easier.

If you are in Tucson, AZ, contact our skilled and experienced domestic violence attorneys at Liberty Audette and Associates. We will help you file the necessary paperwork and advise you on the protective order to file for your specific situation. Contact us today for a free consultation and to learn more about our services.