Domestic Violence

questions & answers

Question: Say you live with someone, or vice-versa.. (who's name is NOT on the Lease) & they petition for an Order of Protection against you & they also filled out the paperwork using your address. How does this work exactly, when it's YOUR address?

Answer: An Order of Protection (ARS § 13-3602) applies to parties where the relationship between the victim and the defendant is one “of persons residing or having resided in the same household” (ARS §13-3601). If a court issues an Order of Protection, the court may: “Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house, the party must file a notice in writing with the court within five days after moving out of the residence. After receiving the notification from the plaintiff, the court shall provide notice to the defendant that the plaintiff has moved out of the residence and of the defendant's right to request a hearing pursuant to subsection L of this section.”

QUESTIONS

  • Say you live with someone, or vice-versa.. (who's name is NOT on the Lease) & they petition for an Order of Protection against you & they also filled out the paperwork using your address. How does this work exactly, when it's YOUR address?

STORIES

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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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