We proudly represent clients in Phoenix, Chandler, Mesa, Gilbert, Queen Creek, Tempe & cities throughout Arizona in protective order & other family law matters.
There are two main types of protective orders in Arizona. Although both orders require someone to stay away from another person or place, which order you can get depends on how you are related to the other party, as well as what form of behavior is the source of the problem.
Parties that have some form of domestic relationship (that is, they live together, they are relatives, they have a child together, etc.), then the court will give you an “Order of Protection.” In order to get such an order, the court must believe that the other party has engaged in an act of domestic violence, or that there is good cause to believe the other party may engage in domestic violence. The other form of protective order is called an “Injunction against Harassment.”
This order is typically entered where there is no domestic relationship, but the other party is still engaging in a pattern of behavior that is harassing. For example, if a neighbor made a habit of harassing someone else in the neighborhood, the court would issue an Injunction against Harassment.
If someone is harassing or abusing you, restraining orders are the legal way to prevent it from continuing. The protective order must be filed in civil court, although in can be any civil court, from your local city court or justice of the peace to the superior court. If the abuser violates the protective order they could face jail time. You can withdraw the protective order at any time you wish. The defendant has the right to request a hearing on your order after they are served with it, and the court will decide based on the evidence presented at that hearing if your order should stay in effect or be dismissed.
How You Can Get a Protective Order
Before filing for a protective order you must have reasonable belief that you are in danger or physical assault, death and mental trauma at the hands of the person you are trying to be protected from. Due to the complex nature of these types of cases we highly suggest seeking advice from an experienced Chandler protective order attorney who can help you along the way. The Law Office of Louis Lombardo, PC has been dealing with domestic violence & protective order cases for many years now.
To learn more about your options or to schedule your initial case evaluation give our office a call at 480-413-9300.