Arizona Restraining Order Lawyer

How Orders of Protection Are Filed In Arizona

In Arizona, a person is free to go to any court and file an Order of Protection. Every courthouse is similar in procedure, but the judges can decide differently on granting or enforcing an Order of Protection or Injunction against harassment. Most petitions are granted due to the fear of the consequences of something happening to the Plaintiff after a petition for an Order of Protection has been filed and denied. The Petitioner or Plaintiff only needs to explain to the judge, or in some cases the commissioner, the alleged acts or communications of harassment. The statements contained within the petition is solely based on their side of the story. The judge takes into consideration the petitioner’s version of events and only what they choose to submit to the judge as evidence of abuse and/or harassment. Sometimes the judge will order that a hearing be held to allow a defendant to show and explain their side of the story to then determine whether an order of protection should be granted. However, the most-likely outcome is that the judge signs off on the order.

• Order of Protection (OOP)
• Injunction Against Harassment (IAH)
• Emergency Order of Protection
• Injunction Against Harassment in the Workplace

How to Get Prepared for the Hearing

• Determine What Type Of Order It Is
• Collect Evidence To The Contrary The Petition
• Gather Evidence & Witnesses To Minimize Their Petition
• Avoid Name Calling And Especially Non-relevant History; Focus On Present Facts
• Obey The Court Order; Do Not Contact Or Attempt To Contact The Order

Hearing to Challenge a Protection Order In Arizona

The hearing that takes place usually takes between one and two hours. In that time a Judge has full discretion on how the hearing will proceed. Normally, the Plaintiff goes first. The burden is on them to show harassment with evidence and/or testimony. Depending on the type of order, the judge is looking for specific facts and weighing the credibility of the testimony provided by the Plaintiff and witnesses.  If the Judge finds that there is enough evidence that the Defendant was harassing the Plaintiff, then the judge may choose to maintain the order “as is” without hearing the other side. Usually, the Judge will allow the Defendant to defend themselves and present their evidence. The Defendant can cross-examine the Plaintiff and their witnesses during the Plaintiffs turn and can show evidence and call their own witnesses during their turn.

When the hearing is over, the judge ultimately has three choices:

• Order that the Protection order “stay” in place as is;
• Modify the current order of protection
• Deny and Quash the Order.