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In an ideal world, every relationship we have is healthy and respectful. Unfortunately, even if a relationship starts this way, it can quickly disintegrate into one that is dangerous for one party. When this is the case, you may need to pursue a protective order to keep you and your family safe from potential domestic violence, harassment, or assault.

If you’re in the Glendale & Tucson, Arizona, area or anywhere throughout the Phoenix Metro Area and feel unsafe because of a partner, family member, or other individual’s actions, call us immediately to explore your options for filing orders of protection. At the Law Offices of Vescio & Seifert, P.C., we can be your voice during this difficult time and educate you about your choices to ensure you’re only making decisions you fully understand and feel comfortable with. Contact us today to start talking.

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Protective Orders

Filing for protective orders can put legal restraints on another individual from harassing you or committing any type of domestic violence. These are also referred to as “restraining orders.” Most protective orders can be approved by a judge the same day they are filed since the nature of the request typically implies an immediate threat.

Types of Protective Orders

There are two types of orders that you should be familiar with, as each is used in a specific set of circumstances:

Orders of Protection: A order of protection is a legal document filed against someone you live with or have lived with in the past that you need protection from. This could be a spouse, live-in romantic partner, family member, roommate, or someone you share a joint child with.
Injunction Against Harassment: An injunction against harassment is similar to an order of protection, except it’s filed against someone you do not live with now or in the past, someone you have no relationship with, or a non-family member. These can be requested as long as the person in question has committed at least two acts of harassment against you within the last year.

What a Protection Order Can and Cannot Do

Protective orders can be a crucial tool to help address domestic violence and abuse, but they also have their limits. A protective order or injunction against harassment is a specific document that a judge approves, and it will list the locations where the individual cannot come near you. This can include places like your home, job site, or school. If the individual does approach you at one of these listed locations within the year that your protective order is valid, then you can take legal recourse against them.

However, the order itself only protects you since it’s a deterrent for the individual who likely wants to avoid further legal action. It cannot guarantee your safety or solve your problems with this individual. Restraining orders like this also do not affect custody or support orders. If you also wish to have these changed, you must address this separately.

The Process of Obtaining a Protective Order

While the process of filing for restraining orders is fairly straightforward, it should still be done with the assistance of a family law attorney. You no doubt have a compelling reason for requesting one, and you need to ensure your petition thoroughly explains your situation and once approved, that it adequately protects you and your loved ones from future harm.

All requests for protective orders must be filed through an Arizona court, but this process can be started online through the Arizona Protective Order Initiation and Notification Tool (AZPOINT). Through this portal, you will be assigned a petition confirmation number, but you must then file it with either a justice of the peace court, city court, or supreme court for it to be valid. After this step is complete, you will need to speak with a judge who will listen to your case and decide whether an order of protection is warranted.

If a judge does grant the order, you’ll receive a copy of it, and the order will then be served to the individual in question. A copy will also go to local law enforcement. Note that if you’ve been granted an injunction against harassment, it is your responsibility to have it served, but the court will give you instructions on how best to complete this.

Protective Orders Attorneys Serving Glendale & Tucson, AZ

Protective orders and injunctions against harassment are just one tool you can use to legally protect yourself, but they can only go so far. To ensure you’re complying with all the requirements for requesting one, you must reach out to us at the Law Offices of Vescio & Seifert, P.C. in Glendale & Tucson, Arizona. We can walk you through these steps, represent your needs and rights before a judge, and help you serve an injunction. Contact our team today to talk to someone who can help.

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