Domestic Violence

questions & answers

Question: My son's father and his girlfriend had a domestic violence incident in his home where she broke glass, furniture, and physically assaulted him. The police came. My 5 year old son was in the home at the time. I would like to get a restraining order against her for my son. I don't want my son to be exposed to that again. She has also been harrassing me via hundreds of texts, phone calls, social media messages, etc. Do I have enough to file for a restraining order against her for my son? My concern is for my son's safety.

Answer:

Under ARS 13-3602(A), a parent or person exercising legal custody may petition for an order of protection (OOP) on behalf of a minor child. The statute require that an establishment that the child was victimized by the violence that occurred, or may be directly victimized in the future.

QUESTIONS

  • My son's father and his girlfriend had a domestic violence incident in his home where she broke glass, furniture, and physically assaulted him. The police came. My 5 year old son was in the home at the time. I would like to get a restraining order against her for my son. I don't want my son to be exposed to that again. She has also been harrassing me via hundreds of texts, phone calls, social media messages, etc. Do I have enough to file for a restraining order against her for my son? My concern is for my son's safety.

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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