How Long Does A Restraining Order Last?

When dealing with a restraining order, it’s crucial to understand how long it will last. In Arizona, as soon as the order has been served, it is valid and enforceable for 2 years from the date it was served, according to AZ Court Help. However, if the order is not served, it will expire exactly one year from the date a judge issued it.

What Is A Restraining Order?

A restraining order requires the parties named in a lawsuit to do certain things or not to do them. It could be part of a family law case (perhaps divorce) or a matter for the civil courts. Although this is not identical to a domestic violence restraining order, domestic violence is sometimes a factor in a family law case.

It may be the case orders are requested what is known as “ex parte” so that only one party asks the court to do a particular action without notice to the opponent, then the other party is permitted a hearing so their side of the story may be heard. As there are differences in restraining orders on a state-by-state basis. It is of great importance to consult with an attorney who is familiar with the law in the area you reside. If a criminal court case is pending, the district may or order (from the judge) a protection order for the victim of the crime.

How Long Do Restraining Orders Last?

In Arizona, a restraining order lasts for one year from the date the judge signed it or until it is quashed by a judge. If the judge believes you are still in danger, the restraining order can be renewed for one year at a time. To renew the order, you must file the court paperwork before the initial order expires.

Who Can Receive A Restraining Order?

Courts can issue restraining orders for one of the following common parties:

• Harassers.
• Stalkers.
• Domestic abusers.
• Someone infringing on another’s copyrights.
• Employees/employers threatening to reveal sensitive information.

The most common reason for a restraining order to be issued is for the protection of women and children. No matter the state that the order is issued, the person who receives the order must respect it in all other U.S. states and territories.

How To File A Restraining Order In Arizona

Here are the four steps you need to know.

1. When possible, consult with an attorney first. Although an attorney is not mandatory, a consultation with a lawyer can ensure the process runs more smoothly. They can point out what order is best for your situation and assist with the completion of forms that have to be submitted. Your local county court probably has some suggestions and do not forget there is always reach out to National Domestic Violence Hotline for advice and legal support if domestic violence is involved.
2. Maricopa county requires you to fill out the paperwork utilizing a Domestic Violence computerized prompting system. The paperwork will have a petition naming the proposed protected parties as well as defining the reasons why you are in need of the restraining order. Protective Order forms can be filed at any court in the state of Arizona, and they are available in five different languages.
3. When you make your live court appearance before the judge, you will answer the questions he or she may have regarding your need for an order to be issued. The judge may question you regarding specific incidents that back up your need for a petition. Undoubtedly it is often emotionally distressing, and it may be worthwhile to bring someone you trust for support as you go through this, lawyers are always best to help you through this process.
4. When the judge grants a restraining order, the defendant must be notified using legal service of process.  You will have to serve the defender with the petition including an order of protection as well as a duplicate copy of the signed order of protection through law enforcement personnel or going through a licensed process server. The restraining order, as you recall, is not valid until it been served upon the defendant personally. Petitioners with an order of protection have up to one year for the defendant to be served otherwise the order will automatically expire. If the defendant is located in Phoenix, Phoenix Police will work with the Coordinator of Protective Orders to file the court order with no fees, for you. In situations where the defendant is not able to be served immediately, it is crucially important to maintain a copy of the signed protection order on hand. If the defendant has not been served the order of protection and physically approaches you, immediately call 911 and inform them you have an order of protection against the defendant on your person and that the law enforcement who mobilizes to the scene should immediately serve the defendant and escort him from the area.

What Can I Do If The Restraining Order Is Violated?

You can call the police. The officer must arrest the respondent if there is a good reason to believe a violation has happened. The respondent can be charged with contempt of court. If the respondent is found guilty of violating a restraining order, he / she can be fined, placed on probation or put in jail.