Order of Protection

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Order of
Protection

What do you do if your spouse is physically, emotionally, or mentally abusing you? The first thing is to call 911! After that, a party should seek an Order of Protection. An Order of Protection will prevent a spouse from having any contact with the other spouse. It can also allow the abused spouse to have exclusive use of the home. If you are in a domestically violent situation, call the Law Offices of Adam Rieth for a free consultation.

The definition of domestic violence in Arizona covers a lot of behavior, The statutory definition is below:

“Domestic violence” means any act that is a dangerous crime against children as defined in section 13-705 or an offense prescribed in section 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, ….:

You can seek an Order of Protection if the relationship between you (the victim) and the other party
(the defendant) is one of the following:

The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
The victim and the defendant have a child in common.
The victim or the defendant is pregnant by the other party.
The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.
The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and the defendant.
(d) If the relationship has terminated, the length of time since the termination.

The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship. The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
(a) The type of relationship.
(b) The length of the relationship.
(c) The frequency of the interaction between the victim and the defendant.
(d) If the relationship has terminated, the length of time since the termination.

Why are temporary orders necessary? In Arizona, specifically Maricopa County, a divorce or custody action can take anywhere between 12 and 18 months to be completed. If a party needs orders sooner than 12 to 18 months, a party can petition the Court for temporary orders. This allows the court to issue orders sooner than the 12 to 18 month timeframe before permanent orders are issued in a case. . This also allows the Court to award parenting time to a party whose parenting time may be being withheld by the other party. A motion for temporary orders can be filed so long as there is a pending petition for dissolution, legal, separation, or establishment pending with the court. A temporary order can address, parenting time, legal decision-making, child support, spousal maintenance, an interim award of attorney fees, exclusive use of a home and/or in some cases, even a division of assets and debts. Once temporary orders are implemented by the court, those orders will remain in place until a final decree is issued by the Court, or until otherwise modified by the Court during the pendency of the case.

Order of Protection