An Order of Protection or “Restraining Order” should be granted upon finding by a judicial officer that domestic violence has taken place and the abuser stands in certain relation to that of the victim. Conduct that may be considered domestic violence include but are not limited to:
- Restraint of a person (unlawful imprisonment)
- Hitting, striking, or the unwanted touching of another
- Crimes against children
- Custodial interference of a child
An order of protection is only appropriate upon the finding that the victim stands in certain relationship to the abuser. The relationship component of ARS §13-3601 is as follows:
- The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
- The victim and the defendant have a child in common.
- The victim or the defendant is pregnant by the other party.
- The victim is related to the defendant or the defendant’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
- The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
- The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship.
There are two main types of orders of protection:
- Emergency Orders of Protection (EOP): An EOP is intended to assist those in immediate and present danger of domestic violence. A judicial officer has the power to grant an EOP in writing or orally. It will only be effective for two days, so it is imperative you seek a permanent protective order quickly.
- Permanent Orders of Protection: Before issuing a permanent order of protection, a formal hearing will be held before a judicial officer. Both sides can present their case. The permanent order will last for one year from the date it is served upon your abuser. After that year expires, you can seek to renew the order if there is still a threat of domestic violence.
Ultimately, an Order of Protection will be structured to protect you and your family’s safety. It will likely prevent an abuser from making any unwanted contact with you whether in person or electronically. Should an abuser violate this court order, he or she can face imprisonment. Contact the attorneys at Reppucci & Roeder today to help you navigate through this process and secure your Order of Protection.