How to Get a Restraining Order in Arizona
If you are dealing with a stalker, an abusive ex, threats of harm, or similar, you may be looking into a restraining order in Arizona. Getting a restraining order can help keep you and your family safe by ordering the problem person to stay away and leave you alone under the threat of fines and jail time. It won't necessarily make your problem go away, but it can help.
Arizona's Restraining Order Laws
In Arizona, restraining orders are called Protective Orders, and there are three types, depending on the circumstances. Whether you can file a restraining order depends on who you are, how you are related to the defendant, and what they did. Here are the three types:
|Order of Protection||In Arizona, an Order of Protection is intended to protect you from family violence. Orders of protection can only be filed if the defendant is your spouse, former spouse, roommate, former roommate, the other parent of your child (including unborn children), a person you are or were involved with romantically or sexually, parent, grandparent, sibling, child, grandchild, spouse's parent, spouse's grandparent, spouse's sibling, spouse's child, or spouse's grandchild. In other words, this can't be used if the person threatening or harassing you is a friend. They also have to have either done something or given you a really strong reason to believe they will.|
|Injunction against Harassment||This is what some states call a "no contact" order. It means that the defendant can't contact you by any means and/or can't contact you at specific locations. They have to have engaged in harassment as defined in Arizona law. However, they can be anyone.|
|Injunction against Workplace Harassment||This is not about being harassed by a coworker. Rather, it's intended to protect businesses and employees from members of the public harassing them. I.e., it might be an order to ban somebody from a store or a restaurant because they have gone beyond being normally annoying.|
How to File a Request For a Restraining Order in Arizona
In Arizona, you should file the request in the local court for the jurisdiction you live in. However, the process is the same.
- Go to AZPOINT, which is the Arizona Protective Order Initiation and Notification Tool, and create an account.
- Go through the online interview process, which will help you work out whether you can get a restraining order, which type you need, and what proof the court will accept. This will give you the information you need to file the petition (note, they recommend speaking with a victim advocate).
- Go to your local courthouse and file your petition. You can file with a justice of the peace court, city court, or superior court.
- Go to the hearing, where the judge will determine if you are entitled to a restraining order.
Note that if you are filing a restraining order against somebody you live with, you should be very careful about logging out of the system and not leaving copies of forms around.
What Happens After a Restraining Order Hearing in Arizona
If the judge grants the order or injunction, what happens next depends on what kind of restraining order you have filed for.
- For an Order of Protection, you will be asked to provide as much information as you can about how to find the defendant. The order will be served by law enforcement. Note that it becomes valid when it is served. It's not valid until they track them down and tell them about it.
- For an Injunction against Harassment or Workplace Harassment, you are responsible for arranging for it to be served and paying the required fee. There is no cost if there is domestic violence involved.
The order will last one year. If the person violates it, they may be charged with a violation, which can come with fines and jail time. You should not initiate any contact with the defendant. If they need to get stuff from a shared home (or if you do if you left), they can request standby, which means a cop will come with them or you to get the stuff and ensure nothing happens.
If the order is not granted, the judge may tell you why. If it's a simple error, you may be able to refile the petition, although this can take time. You can also seek the advice of a lawyer.
Bear in mind that a restraining order does not guarantee your safety. It is best used to get yourself some time to come up with a way to get the person out of your life.
Get a Restraining Order in Arizona With the Help of DoNotPay
One common reason why a restraining order may not be granted is that you messed up the petition. DoNotPay can help by making sure that you have everything ready. This helps improve your chances of success the first time and means you are less likely to have to pay a lawyer.
We can't create a restraining order, but we can help you get the forms and documents you need and find the rules you have to understand.
How to apply for a restraining order in Arizona with the help of DoNotPay:
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
DoNotPay saves you time and increases your chance of success, helping you keep your family safe.
What Else Can DoNotPay Do?
If you have a tedious problem giving you a headache, DoNotPay can help. Our robot lawyer is designed never to get bored and can help you with:
- Complaining about obnoxious neighbors
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- Dealing with stalking and harassment
Let our robot lawyer help you keep your family safe or just make your life easier, so you have more time with them.