As top Scottsdale divorce attorneys, the team at Canterbury Law Group receives many questions about Orders of Protection. Here are some common questions and answers for people looking for more information. If you’re in need of protection, contact Canterbury immediately – time is of the essence in these matters and any delays can be held against you by the court.
1. How can an order of protection help the victim? In an order of protection, a judicial officer can order:
- The abuser not to commit any of the offenses included as domestic violence
- The abuser to have no contact with you or with anyone else named in the order (this could include telephone calls, texts, letters, messages through someone else, personal contact, etc.)
- The abuser to stay away from your residence, place of employment, and school or those of anyone else named in the order
- One party to have exclusive use of a home shared by you and the abuser (if there is reasonable cause to believe that the abuser may cause you physical harm)
- Law enforcement to accompany a party to a shared home to get his/her belongings
- The abuser to turn in any firearms in his/her possession to law enforcement and not possess firearms
- The abuser to stay away from and not harm any animal owned by you, the abuser or a minor child in either of your homes (and award you care and custody of the animal)
- Other relief that is appropriate and necessary for your protection and the protection of anyone else specifically named in the order
- The abuser to complete a domestic violence offender treatment program or any other program deemed appropriate by the court (as part of a final order)
2. In which county can I file for an order of protection? As an Arizona resident, you can file for a domestic violence protective order in any superior, municipal or justice court in any county in Arizona. The only exceptions are that:
- If two courts are located within a one mile distance, then one court can be designated as the court which issues protective orders;
- If you have filed an action for divorce, separation, paternity or annulment with the superior court (involving the same person from whom you want protection), then you need to return to the superior court to request an order of protection; and
- If the defendant is less than 12 years of age, only the juvenile division of the superior court may issue the order or injunction.
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