How to Get an Order of Protection

If your spouse, boyfriend or girlfriend or other direct family member has either committed an act of domestic violence in the last year or you have reasonable cause to believe one will be committed against you, you may be able to get an Order of Protection(if it’s not a family member it’s called an Injunction Against Harassment).

Obtaining an Order of Protection
You have the choice of going to one of the local justice courts or to one of the Superior Court locations if you are in Arizona (you can find at www.superiorcourt.maricopa.gov). The superior court locations have a family violence prevention center where you will be set up at a computer and fill in your own petition. The petition requires you to identify the incidents at issue. Once you are done and the document is filed(there is no cost), you will be sworn in in front of a commissioner or judge pro tem who will hear directly from you on why you need an order. This is called an Ex Parte order because only one side is discussing the matter with the judge. If the judge agrees to provide one, he or she can include various addresses including home or work. Once it is received you will need to serve the order by process server or law enforcement.

Additional Resources
Keep in mind a few things:

1. These orders are NOT to be used in place of custody orders. Don’t list your children unless you are truly in fear for them and be prepared to have to file a legal action in order for the order to remain in place with them on it.
2. These orders only stay in place for one year unless they are quashed.
3. Defendants have the right to a hearing on the order. If the order gives you exclusive use of a residence he or she has the right to a hearing within 5 days of the request. Otherwise, he or she has a right to a hearing within 10 days of the request. Since it is your petition, you have the burden of proof to show why it
   should remain in place.
4. If you want to dismiss your petition, the court will want to hear from you alone to ensure you are dismissing it of your own accord and from the pressure of the defendant.
5. BE CAREFUL. These are just pieces of paper. Most people will abide by these orders but people who want to hurt other people don’t
   care about pieces of paper.

This article was written by:
Ronee F. Korbin Steiner Attorney at Law
8070 E. Morgan Trail, Suite 220
Scottsdale, Arizona 85258
Phone: 480-284-5252 Fax: 480-284-5676
Website: http://www.singinglawyeraz.com/