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 There are three types of protective relief in the form of court orders available for domestic violence victims: (1) Orders of Protection, (2) Emergency Orders of Protection, and (3) Injunctions Against Harassment. Although elements of each are similar, there are fundamental differences regarding scope, applicability, and duration of the orders.
All three types of orders are civil documents issued by a court to prevent future abuse and harassment if that person has abused or harassed you in the past. They may forbid certain acts, order a person to stay away from certain places including a victim's residence, school or children's school, workplace; or prohibit a person from making ANY contact with the victim. The orders, when violated, allow police to arrest the person who has been physically controlling, violent, bothering or threatening to attack you.
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TYPE OF COURT ORDER
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WHO THEY APPLY TO
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WHAT YOU NEED TO SHOW
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DURATION
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Order of Protection
A.R.S. §13-3601 (A)
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- Spouse or former spouse
- A person of the opposite sex you live with or have lived with
- Persons who have a child in common
- Most other relatives that are related by blood or by marriage
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Evidence that the person you want protection from has committed or may commit an act of domestic violence (see list below). The person only needs to have threatened or abused you ONCE.
- Endangered, threatened or intimidated you
- Assaulted you with a body or with a weapon
- Interfered with the custody of your children
- Restrained you or held you prisoner
- Kidnaped you
- Trespassed on or damaged your property
- Displayed a deadly weapon or threatened you with a deadly weapon
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12 months
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Emergency Order of Protection
A.R.S. §13-3624
May be granted in writing or orally (which includes by telephone and after court hours in jurisdictions with 150,000 persons or more) for the protection of a person in "imminent and present danger of domestic violence."
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Same as above
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Same as above
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Until the close of next day of judicial business following the day that the EO was issued
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Injunction Against Harassment
A.R.S §12-1809
Harassment as defined in statute is a series of acts over any period of time directed at a specific person that would cause a reasonable person to be seriously alarmed, annoyed, or harassed and that in fact seriously alarms, annoys, or harasses the person and serves no legitimate purpose.
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- Any person who you can show has threatened or abused you more than once
- No threshold "relationship test" for issuance of an Injunction
- Frequently used as a protection mechanism for persons not eligible for an Order of Protection, such as unmarried or unrelated persons or same sex couples
- Often sought in connection with disputes between neighbors or landlords and tenants
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Evidence that the other person has repeatedly harassed, intimidated, threatened, annoyed or abused you within the past year and that those things upset you and that the other person's acts have made you fear for your safety or life.
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12 months
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Domestic violence crimes included under statute A.R.S. § 13-3601 (A) are:
- Dangerous crimes against children
- Kidnaping
- Aggravated harassment
- Endangerment
- Criminal trespass
- Stalking
- Threatening or intimidating
- Criminal damage
- Child or vulnerable adult abuse
- Assault
- Interfering with judicial proceedings
- Aggravated assault
- Disorderly conduct
- Custodial interference
- Use of the telephone to terrify, intimidate, threaten, harass, annoy or offend
- Unlawful imprisonment
- Harassment
Getting an Order of Protection
Call 602-506-SELF (7353) to learn more about an Order of Protection or Injunctions Against Harassment.
Go to any city, justice or superior court and get a packet of instructions and forms that contain the Petition, a blank Order and a blank Certificate of Service of Process form.
Be as detailed as possible when you fill out the forms, making sure you have the following:
- Your address and phone number (or you can ask to keep it confidential)
- Your employer's address and phone number
- If children are included in the Order, include the name of your child(ren)´s school(s) and the addresses and phone number(s)
- Any other addresses you want the other person to stay away from
- The batterers address, phone number, employer and description
- Any papers showing past civil or criminal court actions against that person
- Any old orders against that person
- A list of the things that person has done — include dates, if you called the police, went to a doctor or hospital. Bring any police reports, medical records, if possible
- Information about your financial situation, including old paychecks, bank statements, or anything showing you receive government assistance (this is necessary to see if you qualify for a waiver or deferral of fees)
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