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Getting a Restraining Order after a Domestic Violence Case? Here’s What to Know

Domestic Violence Attorney Tucson Janet Altschuler

November 25, 2022

In Arizona, a person can file a restraining order or order of protection against a family member, domestic partner, someone they are or were in a romantic relationship with, or someone they are or were living with in a romantic capacity. An injunction against harassment can be filed against a person who is unrelated to you, who doesn’t live with you, and with whom you were never in a romantic relationship. 

Purpose of a Restraining Order

The purpose of a restraining order is to prevent or prohibit the defendant from specific outlined contact with the victim. You or your lawyer can outline what contact is and isn’t allowed; for instance, people who share custody of children may still communicate via email or text on matters related to the children, while phone calls or in-person visits are prohibited. The court also has the right to alter or impose restrictions such as:

  • preventing the defendant from using or visiting the residence of the victim
  • preventing the defendant from owning or carrying a firearm
  • preventing the defendant from committing any offenses outlined in the Arizona domestic violence statute, Title 13-3601(A)
  • imposing a limit on the distance in which a defendant must place between himself and the victim
  • preventing the defendant from harassing or intimidating the victim, family members, co-workers, and friends

Who is Protected by a Restraining Order? 

A restraining order can protect more parties than just the person who files or petitions for it. You can ask the court to order protection for others in your household, your children, your current romantic partner, family members, and even pets.

How to File a Restraining Order

A family lawyer can help you file a restraining order, or you can print and file the paperwork yourself at your local justice court. Once the paperwork is complete and any relevant supporting or supplementary documents attached, a judge may set the matter for hearing. Both parties have a right to appear at the hearing, although you can waive appearance if you have an attorney who can appear for you. At the hearing, the judge may sign the order of protection as-is or may make modifications before signing. The defendant must be formally served with the order once it is signed, and a certificate or affidavit of service must be filed with the court. 
If you need assistance filing an order of protection or defending yourself in court at a hearing for a restraining order, Janet Altschuler can help. To set up a free consultation, contact us online or call 520-247-1789 or 520-200-5003.

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