Arizona DUI & Criminal Defense Lawyer Blog
What are Protective Orders?
Individuals seeking to restrain a person from acts of domestic violence, harassment, coming near a residence, place of employment or school can obtain a Protective Order in any court in the State of Arizona. If you reside in Scottsdale, chances are you will be seeking an order in the Scottsdale City Court, or other nearby City/Municipal or Justice Courts in your community, including Paradise Valley Municipal Court, Biltmore Arcadia Justice Court, Desert Ridge Justice Court or McDowell Mountain Justice Court. An Order of Protection is generally requested when an individual is seeking protection against a spouse, former spouse, roommate, or other blood relative. If the person you are requesting the Order against does not qualify as a spouse, relative, roommate, or other designated domestic relationship, you will need to request an Injunction Against Harassment instead of an Order of Protection. An Injunction is typically sought when disputes arise between neighbors, co-workers, or other non-domestic relationships.
When requesting an Order of Protection, a Judge can issue the Order if he/she finds that the defendant may, or has committed an act of domestic violence. Domestic Violence Crimes can include Assault or Aggravated Assault, Child Abuse, Criminal Damage, Crimes Against Children, Disorderly Conduct, Harassment, Threatening and Intimidating and other related crimes. The Judge may order either party not to commit acts of Domestic Violence; prevent either party from coming near the residence or place of employment; grant one party full use of the residence; and order any other relief that may be necessary to ensure protection. The Judge may also prohibit the Defendant from possessing or purchasing any firearms as a condition of the Order, and shall subsequently order the Defendant to turn over any firearms to the appropriate law enforcement agency.