How to File a Protective Order Again Police

An social club of protection, normally referred to equally a restraining order, is an important defence force against harassment and violence. Knowing how to file a restraining order in Arizona before you need 1 tin aid you protect yourself and your loved ones.

This article is non intended to be legal advice. Yous can contact  the Arizona Legal Middle (ALC) today to learn more about your rights in your state of affairs. Note that when you first contact the Arizona Legal Center, a police student (and non a practicing attorney) will handle your intake.

What's the purpose of an Arizona restraining social club?

A restraining guild is also known as an society of protection when it relates to a family unit fellow member or domestic partner, and injunction confronting harassment, when the parties are unrelated, or by and large as a protective order. In simple terms, this is a civil lodge that prohibits any contact between the person filing a restraining society and the defendant named in the petition.

At that place is no fee to file a restraining gild, but you lot must see certain conditions. Nether Arizona law (as noted in Title 13-3602), a restraining order volition not be granted unless:

1. The petition is verified and filed in writing
2. The person it is filed confronting is over 12 years erstwhile (unless the society is granted past the juvenile division of the superior court)
3. The petition is only filed against i person

How does a restraining order help?

A restraining order prohibits the defendant from certain contact with the victim. It may limit contact to telephone, text messaging, and/or email, or it could prohibit contact of any kind. In improver, the court has the correct to foreclose the defendant from the following:

• Using the joint residence, if applicable
• Owning or carrying a firearm
• Committing any offenses every bit defined nether the domestic violence statute (Title xiii-3601(A))
• Taking possession of or staying in contact with any animals in the primary residence (i.e., the family unit dog stays with the petitioner)
• Setting a limit on the distance a defendant must proceed between him or herself and another person or place

The courtroom may as well crave the defendant to complete a domestic violence program or other intervention program. The restraining gild may have other weather condition attached to it too.

Defendants who violate any of the terms of the restraining order are bailiwick to arrest, prosecution, and jail. While a restraining order does not guarantee your safety, it does prohibit the defendant from coming near any site listed on the order, and limits or completely prohibits contact between y'all and the defendant.

In that location are legal consequences for its violation.

Can I get a restraining social club?

The following people can file for a restraining order:

• Adults over 18
• Parent or guardian on behalf of a minor kid
• A 3rd party who is acting on behalf of a petitioner who is unable to file on their own behalf

Any court in the land of Arizona may consequence and enforce a restraining order for residents in the state.

How can I file a restraining order in Arizona?

There are 4 steps to filing a restraining order in Arizona.

Footstep 1: If possible, consult an attorney

Y'all exercise not need an attorney to file for a restraining order. However, consulting a lawyer can make the process easier.

Attorneys can help you make full out forms and advise you on which protective order is advisable to your state of affairs. Visiting a free legal clinic similar the Arizona Legal Eye is a great place to start. Our volunteers will be able to walk y'all through the process and explain your rights under the constabulary.

Your county court may also accept suggestions for free legal communication. Some other option is to phone call the National Domestic Violence Hotline for legal support and recommendations if your situation involves domestic violence.

Footstep 2: Make full out the appropriate forms

Protective order forms are available in 5 languages and can exist filed in whatever court in Arizona.

In Maricopa canton, yous volition fill out the required paperwork using a computerized Domestic Violence prompt system. This paperwork will include a petition. The petition names all protected parties. It likewise outlines the reasons you are seeking a restraining order.

Footstep 3: Appear before a judge

After you lot file the paperwork, you volition appear before a judge to respond questions regarding your petition.

They may ask you questions about specific incidents in the petition. This part of the process can be emotionally difficult. If possible, bringing someone to support you lot in court can be crucial.

Step 4: Serve the society of protection

If the judge grants the restraining order, legally you must notify the defendant. You will serve them with the Petition for the Order of Protection and a copy of the signed Lodge of Protection through a process server or a member of police enforcement. A restraining social club is not valid until it is served upon the defendant.

You have i year to serve the accused earlier the restraining order is invalid. In Phoenix, if you know where the defendant is located, the Protective Orders Coordinator volition work with the Phoenix Police force Department to file the gild on your behalf at no charge to you.

If the defendant cannot exist served immediately, information technology is important to keep a copy of the signed Social club of Protection with yous at all times. If the defendant approaches you before the order is served, call 911 and let them know that you take a restraining order against the defendant.

How much does it toll to get a restraining order?

There is no fee to file a restraining order in a court in the land of Arizona. If you choose to hire a private process server, wait to pay between $45 and $100.

Go help

If you need to leave of a dangerous situation, the Arizona Department of Economic Security's Domestic Violence Program can help.

Find numbers for the National Violence Hotline and the Shelter Line for Maricopa county, forth with specific numbers for domestic violence partnerships beyond Arizona here.

When y'all are set, give the Arizona Legal Center a call . We are a free legal clinic that is dedicated to helping the Arizona community.

The Arizona Legal Heart provides costless legal aid and consultations in Arizona just. We provide depression-cost admission to fee-for-service cases when determined advisable past an attorney at the Heart, but by and large practice not undertake total-scope representation.

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Source: https://arizonalegalcenter.org/how-to-file-a-restraining-order-in-arizona/