Restraining Orders
There are several different ways to get a restraining order in Arizona. Two standard methods are called an Order of Protection (OOP) and an Injunction Against Harassment (IAH), but there are several other ways one can be obtained. Every restraining order involves a Petitioner (the person requesting the restraining order) and a Defendant (the person the restraining order restricts). Contact Us to speak with a Former Prosecutor about specifics on Arizona Restraining Orders and if your situation applies. Below you’ll find general information on Arizona Restraining Orders:
Order of Protection (OOP) — A.R.S. § 13-3602:
In Arizona, an OOP is a restraining order issued by a magistrate, justice of the peace, or superior court judge. If granted, the order can restrict the defendant from contacting the petitioner or other persons, from being present at specific locations, forfeit possession of firearms, and more. The main difference between an Order of Protection and an Injunction Against Harassment (see below) is that an OOP requires a “domestic” relationship between the parties involved. However, specific requirements are needed to file an OOP; if they are not met, the petition will be denied.
Injunction Against Harassment (IAH) — A.R.S. § 12-1809:
Similar to an Order of Protection, an Injunction Against Harassment is an Arizona Restraining Order that may restrict a defendant from contacting the petitioner, being present at specific locations, etc. For example, a petitioner may file an IAH with a magistrate, justice of the peace, or superior court judge to prevent harassment.
Differences Between an Order of Protection and Injunction Against Harassment:
The main difference is that an OOP requires a “domestic” relationship between the parties, while an IAH can be ordered on anyone;
An OOP is valid for two years instead of only one year for an IAH;
Both petitions require different elements to be met for a valid order to be granted by the court;
An OOP must restrict the defendant from possessing firearms if specific criteria are met. NOTE: an IAH may also prohibit guns, but this is at the court’s discretion.
How to File an Order of Protection or Injunction Against Harassment:
A petitioner must file a written verified OOP/IAH petition with a specified court. The petition cannot be against a person under 12 years old or against more than one person, so you cannot file one petition against two or more people. The petition must include your contact information (name, address, etc.) — the court may redact this information; however, the court may disclose information to the defendant to notify them of the protected area(s). A petitioner must state a valid desired relief.
A critical part of an OOP/IAH is the allegations against the defendant. This consists of the act(s) that caused the necessity for the restraining order, i.e., if a defendant assaulted or harassed a petitioner. Dates of specific acts are required, and an OOP requires the relationship of the parties to be provided. If filed incorrectly, a petition may be denied by a court since a petitioner has the burden to establish all the requirements. One common mistake is invalid allegations — it could be something as simple as not having proper timelines, irrelevant claims, alleging an act where an OOP/IAH is inappropriate, etc. Therefore, having an Experienced Criminal Defense Attorney on your side is essential to file a petition properly.
After a Petition is Filed:
Once a petition is filed, the court will either rule on the petition or hold a hearing with the petitioner to determine if a valid OOP/IAH exists. If granted, the court will order certain restrictions and attempt to serve the defendant with the order and petition. Once the defendant is served, an order will be valid for a specified period after service — two years for OOP and one year for IAH. After service, the defendant can challenge the ruling by requesting a contested hearing. The order will expire after one year if the defendant is not served. Proper service must be made, which can be done by a certified process server, police officer, constable, etc.
Defendant’s Right to Challenge an Order:
A defendant, during any period an order is in effect, is entitled to one contested hearing upon written request. Once a defendant requests a hearing, the court must hold the hearing as soon as possible, not to exceed ten days. OOP/IAH hearings will require the petitioner, the defendant, attorneys, and additional witnesses to be present.
NOTE: for OOP only, if the exclusive use of a home is contained in the order, the hearing must be held within five days. The court may allow for more than one contested hearing only if exclusive use of the home is ordered and circumstances relating to the primary residence have changed.
At a hearing, the petitioner always has the burden of proof, and specific criteria must be met for the order to be upheld. Documents, photos, video, and any other supporting evidence may be used as evidence of allegations or evidence against accusations. In addition, each party can present their case and cross-examine witnesses.
Restraining Order Violation:
If a defendant violates the OOP/IAH, the defendant can be arrested and charged with “Interfering with Judicial Proceedings.” This is a class 1 misdemeanor and can result in up to six months in jail; other charges and penalties may apply depending on the circumstances.
Call Us Today, Don’t Wait.
If you are seeking an OOP/IAH or defending against one, contact our office for a Free, In-Depth, No Obligation Case Review. We are experienced with Arizona Restraining Orders and are familiar with the requirements and the court process. Many issues may arise when petitioning or defending an OOP/IAH, resulting in undesired outcomes. Even if a petition has already been filed, it is not too late to seek help; an experienced criminal defense attorney could determine whether the order is upheld or dismissed.