Restraining Order Cost

A restraining order, (also referred to as a protective order or order of protection) is a vital tool you can use when you have been a victim of domestic violence or recurring harassment. Does it cost money to file a restraining order?

What Is A Restraining Order?

A restraining order or order of protection arises when the order involves a romantic domestic partner or family member. An injunction against harassment is when the parties involved are not family but court protection is still needed from third parties.

When a restraining order is filed there are no fees, however certain criteria must be met. Under the law in Arizona ( Title 13-3602) says a restraining order will not be obtainable until the following points can be met.

• The petition has been completely filled out, submitted and verified by the applicant in writing
• The restraining order petition that is being filed against a person at least twelve years of age
• One person is the maximum amount of people the petition can be filed against (unless minor children are included, which can occur for parents).

Is A Restraining Order Helpful?

Restraining orders can be powerful deterrents to further abuse by the harassing party.  Once the abuser is formally served, they are restricted from coming within 100 yards or 1000 feet of you, your person, your home, or your place of business.  This protective “bubble” can also sometimes extend to your minor children if you feel that they are in danger too.

Once the Order of Protection has been served, communications are severely limited between you and the abuser.  The defendant abuser (once served with the order) may now only have certain ways to communicate with you like (but not including) text messaging, email or telephone calls. Conversely, the order may prohibit the defendant from any form of contact with you. Keep in mind, the court also has rights preventing the defendant by:

• Setting a geographical distance, the defendant must keep between themselves and a specific place (or places) or an individual (or certain groups of people)
• Keeping no contact with any animals who reside in the residence as well as not taking possession of said animals
• No offenses committed under the following statute of domestic violence: (Title 13-3601(A))
• Carrying or owning a firearm
• If applicable, using the joint residence

The court can order a defendant to take part in an intervention style program or domestic violence class. Defendants who accidentally or purposefully choose to violate the restraining orders terms may face being immediately arrested, being jailed or being prosecuted. The restraining order is not an airtight guarantee for your safety, but it prohibits a defendant from approaching or being in certain geographical areas as well as limiting the amount and kind of communication you have with the defendant – so there are serious legal consequences for violating a restraining order.

How Much Does A Restraining Order Cost?

There are no fees attached to filing the restraining order in Arizona. Should you decide to utilize the services of a private process server, the average price is $73 with prices ranging from $45 to $100 for the US.

Typically, you will not need to pay in order to file an emergency restraining order. For instance, a restraining order is free if it is needed to protect you from an immediate threat of abuse or harmful act(s). Sometimes, police officers attending domestic violence incidents will request an emergency protection order on the victim’s behalf.

In the event that you do not qualify for an emergency restraining order, you may need to file a temporary or permanent restraining order. Many courts will waive restraining order costs if your case involves domestic abuse, elder abuse, or stalking. If the fees are not waived, you can expect to pay between $100 to $400.

Individuals filing restraining orders are responsible for paying court reporter or stenographer fees, at times. If the fees apply in your case, you can expect to pay between $5 to $10 per page.

Do Attorneys Charge For Restraining Orders?

Some attorneys will offer a free or low-cost consultation. Others, meanwhile, do consultations at their normal hourly rate. Following this, attorneys will usually charge by the hour to advise or represent you in court.

Attorneys generally charge between $90 to $500 per hour, while rates will vary based on location. You can expect your lawyer to spend at least 5 to 10 hours on your case, meaning you will likely pay anywhere from $450 to $5,000 total.

Source:

“How To File A Restraining Order in Arizona.” Arizona Legal Center, 30 May 2018.