Phoenix Order of Protection Lawyers

Order of Protection and Injunction Against Harassment Law in Arizona

What is the difference between an injunction against harassment and an order of protection?

Both injunctions against harassment and orders of protection permit a court to order a specific person (the plaintiff, also sometimes referred to as the petitioner) to refrain from contacting another person (the defendant). This order can include a mandate that the defendant refrain from going to certain locations. It can permit limited contact, such as text messages regarding children in common, or exclude contact entirely.

Injunctions Against Harassment require proof of harassment and involve parties who do not share a “domestic” relationship. In this regard, one would seek an IAH to enjoin a friend or coworker or neighbor from having contact with him or herself. To succeed on an injunction against harassment, the Plaintiff must allege at least two separate instances of harassing conduct.

Orders of Protection are granted upon proof that an act of domestic violence occurred in the past 12 months, or evidence that such an act is likely to occur and require the plaintiff and defendant to share a certain relationship governed by statute. You can take what the Courts refer to as “the relationship test” here to see what relationships qualify as domestic violence. To succeed on an order of protection, the Plaintiff only needs to allege one instance of domestic violence, which can include harassment, threats, or physical violence.

Under either an IAH or an OOP, the Court can order restrictions on the possession or use of firearms. See here.

What rules of procedure govern hearings on protective orders?

Arizona has special rules for protective order hearings. These are known as the Arizona Rules of Protective Order Procedure. They can be found here.

Who has the burden of proof in a hearing on a protective order or an injunction against harassment?

The Plaintiff always has the burden of proof when filing for a protective order or an injunction against harassment.

Can I get the other party to pay my legal fees after a hearing on a protective order?

Yes, Arizona Rule of Protective Order Procedure 39 allows the prevailing party to request legal fees from the opposing party after a hearing with notice to both parties.

Someone filed for an order of protection against me and the court granted it before a hearing. What does this mean?

A court can grant a petition for an order of protection or injunction against harassment without hearing from the defendant if the allegations in the petition are strong enough to prove harassment or domestic violence. But a defendant may always request a hearing on the order of protection or injunction against harassment where the defendant can require the Plaintiff to testify in front of a judge and prove their case.

Have you been served with an OOP or IAH? Are you interested in filing one against another person? Call our office today to speak with an attorney. We are happy to discuss your situation.

Need help with an Arizona Order of Protection or Injunction Against Harassment? Our Phoenix based attorneys understand the law and will guide you through the process. Call today 480-280-8028.