Arizona Domestic Violence Orders of Protection and Other Types of Assistance for Victims
Every single person subjected to domestic violence is entitled to legal protection. In Arizona, this protection comes in several distinctive forms. The domestic violence orders of protection is one of the most commonly utilized means to keep victims safe. Arizona Revised Statutes 13-3601(A) defines domestic violence and provides more information about the individuals who can get an order of protection.
Arizona Order of Protection: An Overview
Several types of individuals can qualify for an order of protection. They include:
- People who are currently married to or who used to be married to an abuser
- Individuals who are related to an abuser like parents, grandparents, children, grandchildren, parents-in-law, step children, etc.
- Individuals who have had a romantic or sexual relationship with an abuser
- People who live with an abuser, including roommates
- People who have a child with an abuser or who are currently pregnant
People can also file an order of protection on behalf of somebody else who is their child or who is incapacitated. Whenever a person is temporarily or permanently incapable of filing, somebody else can do it for them.
Whenever a person files, a year-long order of protection can be issued. The abuser doesn’t have to be present during the court hearing. Emergency domestic violence orders of protection are also available whenever there’s imminent danger of violence or physical abuse.
Getting an Order of Protection
The procedure for getting an order of protection in the case of domestic violence or physical abuse is relatively simple and straightforward.
In order to file, a victim of abuse has to visit the respective Arizona court and fill out the required forms. The documents will ask for some basic details like the name of the victim and the abuser, a description of the abuse and whether the abuser possesses a firearm.
The next step is a hearing. The hearing takes place ex parte, which means that the abuser is not going to be present. If the judge decides there’s enough evidence of abuse, a permanent order of protection will be issued. Alternatively, the judge will rule out that additional evidence will have to be provided before a permanent order of protection is issued.
Whenever an order of protection is issued, an abuser can request a hearing. This can happen as soon as they’re served with the respective documents. Both you and the abuser will have to attend a hearing during which a final decision will be made.
A person who doesn’t abide by an order of protection faces criminal charges. A jail sentence and fines are a likely consequence of violating an order of protection.
Additional Victim Protections in the Case of Domestic Violence
People who are in immediate danger and who face potential violence should call 911 immediately instead of waiting to file an order of protection.
The police will arrive to the venue immediately and help victims with obtaining an emergency order of protection (EOP). Depending on the specifics of the situation, the court will order certain restrictions and limitations. These will usually keep the abuser from getting in touch with their victims. An abuser will also have to keep a certain distance.
Whenever an abuser violates an order of protection, calling 911 would be the thing to do immediately. The abuser may be arrested on the spot, depending on their behavior and the order of protection provisions.
Some victims of domestic violence consider changing their address in an attempt to stay away from their abuser. People who have nowhere to go can turn to one of the numerous shelters available throughout Arizona. Each city’s website provides detailed information about the domestic violence shelters, their location and other contact information.