Protective Orders
Orders of Protection & Injunctions Against Harassment
Most people know them as “restraining orders” but in Arizona, court orders that require a person to stay away and not contact you are called protective orders, and they come in two kinds: Orders of Protection and Injunctions against Harassment. The most important difference between them is that an Order of Protection can only be issued if the person requesting the order has a prior relationship with the person they are seeking the order against. This “relationship test” is defined in A.R.S. section 13-3601 and includes: 1) current and former spouses, 2) parents with a child in common, 3) parents and grandparents and their (grand)children, including step-(grand)parents and (grand)parents-in-law, 4) siblings, step-siblings, and siblings-in-law, 5) a child who is related to a current or former occupant of the child’s residence, and 6) people currently or formerly in a romantic relationship. Injunctions against Harassment do not have a relationship requirement and can be obtained against anyone.
In order to convince the court to issue an Order of Protection, the plaintiff must show that the defendant either has committed domestic violence against them within the past 12 months or is likely to commit domestic violence against them if the order is not granted. “Domestic violence” is defined as any one of approximately 30 statutory crimes when committed against someone on the relationship list. Most of the crimes are intuitively come to mind when you picture “domestic violence,” such as assault, but the list includes some things that may be less obvious, such as trespassing, animal cruelty, and “revenge porn.”
As the name suggests, an Injunction against Harassment is intended to prevent one person from harassing or bothering another. The definition of “harassment” includes the same kinds of offenses that would qualify as domestic violence as well as other annoying, alarming, or bothersome conduct but while a single incident of domestic violence is enough to support an Order of Protection, an Injunction against Harassment generally requires that there has been a pattern of harassment, meaning at least two incidents.
A plaintiff can obtain a protective order from a city court or local justice court in most cases, but if the plaintiff and the defendant have an open case in family court, the case for the protective order has to be heard in superior court. You can read more about protective orders on the court’s website, but in most cases, the process begins with the plaintiff filling out a form explaining what events of harassment or domestic violence have occurred. Typically, the court will only consider events that have happened within the last 12 months. It’s important to describe all of the relevant incidents during that period when making the application, because only the incidents listed on the form will be eligible for consideration by the court. When the plaintiff has filed the form, they will generally be able to explain the need for the protective order to a judge the same day.
If the judge agrees to grant the order, it will be effective once it is served on the defendant, which is usually done by a sheriff’s deputy or a private process server. At that point, the order will be in effect for 12 months but during that time, the defendant is allowed to request one hearing to make the plaintiff present evidence to support the claims made in the application. This hearing is often the defendant’s only opportunity to challenge the protective order, so consulting with an attorney before asking for the hearing is a good idea. After the contested hearing, the court can uphold, quash (cancel), or modify the protective order.
