Both an order of protection and injunction against harassment are helpful tools of personal protection for you and your children. Knowing the difference and when to use one of them is crucial.
An Order of Protection is a court order to seek protection from a person you live with, now or in the past, or is an immediate family member. It will prohibit a person from coming near a home, a work site, schools or any locations listed on the court order. It cannot guarantee your safety or change custody or visitation orders, but it does provide you with legal recourse for two years if the person served violates that order.
If you are needing to seek protection from a person other than someone you live with, a person you have no relationship with, or a current or former non-family member, you can seek an Injunction Against Harassment. This court order can be issued for individuals and workplaces, and there must be acts of harassment in the last year, and at least two specific acts of harassment committed.
These petitions can be reviewed by any court in the state of Arizona, and are typically seen by a judge and ruled on the same day.
If the Courts are closed, a Law Enforcement Officer can help you get an Emergency Order of Protection (EOP) which will last until the end of the next court day so you have time to file a regular Order of Protection.
If you are granted an Order of Protection or Injunction Against Harassment, the defendant must be served before it becomes valid. In the case of an Order of Protection – the agency closest to the defendant’s address will serve them at no charge. For an Injunction Against Harassment – you must arrange for service. Don’t fall into the trap believing that since you filed it, and the judge granted it that you are now all set. You MUST serve the person the order before it becomes legally valid.
There is no charge if the injunction is based on sexual violence, and if you are unable to pay the fee, you can ask the court for a deferral or waiver.
Not all requests are granted. Some may require a hearing with the person you are seeking protection from before a judge issues the order. Carefully file your petition and application for such an order is critical.
These cases can be extremely sensitive and even complicated to get a judge to agree with you and sign the order. Call us and our qualified Arizona family law trial attorneys can help you.
-Ben Dodge, Esq.,
Founder – Managing Partner
