Two types of restraining orders come into play in most family law cases:
The first is called an “order of protection”. You can obtain an order of protection if an act of domestic violence or spousal abuse has occurred or is likely to occur against you. The purpose of an order of protection is to restrict the contact that an abuser can have with you. Should you choose to obtain this type of restraining order, you might be able to list other protected persons (such as children in common) on the order of protection, as well.
The second type of restraining order is an “injunction against harassment”. You can pursue an injunction against harassment if you are a victim of unwanted contact and communication from another person. This contact must be a series of contacts, rather than just one contact. If you are able to successfully obtain an injunction against harassment, similarly to an order of protection, the other individual’s ability to lawfully initiate contact with you will be restricted.
A person who has been served with an order of protection or an injunction against harassment has a right to request a hearing so a judge can determine the appropriateness of of the restraining order.
In Arizona, if the accuser is unable to show by a preponderance of the evidence that domestic violence or a pattern of harassment has occurred, the protective order will be dismissed. If the accuser meets his or her burden of proof, the restraining order will be upheld. If a restraining order has been upheld after a hearing, there could be serious consequences for your family law matter, as well as for your right to bear arms.
We help victims who are considering obtaining an order of protection, as well as individuals who have been served with protective orders. We can provide you with important information regarding the consequences of being served with and challenging a restraining order. We are knowledgeable about how orders of protection and injunctions against harassment intersect with the dynamics of your family law case.