In the movies or television, a restraining order is taken out in cases where a person poses a threat on another. In real life, however, there are layers to the issuance of restraining orders.
Also referred to as an order of protection, a restraining order is designed to provide protection to a person who is in danger of being harmed by somebody with whom they have a relationship. Courts in Arizona issue restraining orders only in cases involving domestic violence where the person taking out the order is a family member or is close to the person perpetrating the violence.
To better clarify, the courts will only issue a restraining order if the person seeking it is involved with the abuser in any of the following ways:
- As a blood relative.
- As a current spouse or as a former spouse, in case of divorce.
- As a relative through marriage.
- As a member of the same household.
- As a co-parent to a child.
There are certain other relationships that also qualify, but it generally involves a family member or somebody very close to the person requesting an order.
For the court to grant a year-long protective order, the person seeking it needs to file the correct petition. In it, the acts of domestic violence and the dates on which they happened must be clearly detailed. In deliberating on whether to enter an order or not, the court must first ensure that the person requesting the order is indeed related to the supposed abuser.
Once the petition is granted, the order of protection can lead to the petitioner getting the sole use of the home shared with the alleged abuser. Take note, however, that the courts only issue restraining orders in cases meeting the statutory requirements; hence, it is absolutely paramount that those in need of protective orders first seek counsel from an excellent family law attorney before taking further action.
Injunctions Against Harassment
Where restraining orders are designed to protect people from somebody who is in a relationship with them, injunctions against harassment are meant to protect people from somebody with whom they are not related. This means that such an injunction can be taken out on almost anybody, including a colleague at work, a neighbor, a friend, or even a person with whom they are romantically involved.
In Arizona, obtaining an injunction against harassment requires that whoever is seeking it first prove that the person being accused is actually guilty of harassment. What is considered harassment? According to Arizona laws, it consists of a series of acts directed at a particular person, reasonably causing a feeling of serious alarm, annoyance, or harassment.
These acts may be committed over any length of time, but the conduct must actually be seriously alarming, annoying, or harassing for no other statutory purpose. If the court rules that the legitimate elements of harassment are in place, it will grant a year-long injunction of harassment.
Restraining Order Lawyer
If somebody is requesting an injunction or a protective order against you, immediately consult an experienced defense lawyer in Arizona who can help you. The Law Office of Howard A. Snader, LLC Law can assist you with the paperwork and hearings necessary for fighting a protective order or an injunction against harassment. Call us now.