Anyone who experiences domestic violence of any kind in the state of Arizona may have the right to seek a court order intended to prevent further harassment or abuse while also protecting the rights of the party or parties who suffered from that mistreatment. However, there are a few different forms this order could take depending on the circumstances, as well as some legal proceedings that must be completed before one can be instituted and enforced.
If you would like to better understand your options for seeking court intervention in this way, speaking with a Prescott protective order lawyer may be the best course of action for you. Once retained, your compassionate local attorney could review your unique circumstances and help pursue an optimal solution that preserves your and your family’s safety as effectively as possible.
As per Arizona Revised Statutes §13-3602, a resident of Prescott may petition a magistrate, superior court judge, or justice of the peace for an order of protection against another person if they can prove that person has already committed domestic violence against them or is likely to commit such an act in the near future. Various actions may qualify as domestic violence for these purposes so long as they are intended to target a current or former intimate partner, family member, or household member, including:
This petition must be in writing and verified, meaning that the petitioner must swear their statements in the petition are true to their knowledge under penalty of perjury. A Prescott protective order attorney could provide irreplaceable assistance with efficiently drafting and submitting such a petition.
There are several varieties of protective orders that a court may issue in Arizona depending on the circumstances, the two most common of which are orders of protection and injunctions against harassment. The latter is a comparatively less severe order meant to put a stop to annoying or alarming behavior by one party, and it accordingly does not have a relationship requirement associated with it. Conversely, orders of protection can only be imposed against a current or former spouse, relative by blood or marriage, co-parent of a child, or former cohabitant with a child of the petitioner.
If someone is in imminent danger of serious harm due to domestic violence, they may be able to obtain an Emergency Order of Protection that does not require a court hearing like a typical Order of Protection, but also only lasts until the close of judicial business the day after its issuance. A protective order lawyer in Prescott could help determine which approach may be best for a particular situation and assist with the various legal proceedings that play into each one.
Getting a protective order can be critical to ensuring you and your loved ones can be as safe as possible from domestic violence in all its forms. That being said, the process of obtaining one is not always simple or straightforward, so having an experienced legal professional’s help can be crucial.
A knowledgeable Prescott protective order lawyer could be a key ally to have by your side during this kind of legal proceeding. Learn more by calling today.
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