In Arizona, Restraining Orders, also known as Orders of Protection, and Injunctions Against Harassment are governed by A.R.S. § 13-3602 and A.R.S. 12-1809 respectively. Whether you are seeking or defending either a Restraining Order or an Injunction Against Harassment, doing so can prove difficult without familiarization with the statutes themselves and the underlying elements as well as the Arizona Rules of Protective Law Procedure.
Orders of Protection may be issued by a court if there are factual circumstances reflecting an act of domestic violence defined under A.R.S. § 13-3601 by one party against another as well as a relationship between the parties defined under A.R.S. 13-3601(A).
In contrast, Injunction Against Harassment hearings do not require the specificity of relationship as with Order of Protection matters and also do not require an act of domestic violence for an order to be issued, but rather an act of harassment. Basically, an Injunction Against Harassment is used when there are disputes between strangers, neighbors, or people who are simply dating. There needs to be a pattern of behavior that’s directed at a certain person.
Either order is effective for period of one (1) year from the date it is served on the party accused of an act of domestic violence under an Order of Protection or an act of harassment under an Injunction Against Harassment.
While Restraining Orders and Injunctions Against Harassment are not criminal in nature and constitute civil matters before the court, the majority of the rules of evidence do not apply and disclosure prior to the hearing date is not required. The upholding of a Restraining Order can also result in an order for the accused party to attend domestic violence counseling as well as forfeiture of any weapons. As such, without careful guidance in these matters hearings for Orders of Protection or Injunctions Against Harassment can quickly become a free for all without proper legal guidance.
The attorneys at Giordano Spanier & Heckele, PLLC can assist you with obtaining and/or defending a Restraining Order. Our former prosecutor Zachary Spanier has the experience and the knowledge to help with your case. CALL TODAY for a consultation: (520) 433-9031. Or email us at email@example.com