questions & answers
Question: For an Order of Protection to be filed, does there have to be an incident within the past 12 months or is long pattern of abuse sufficient?
This answer is for general information only. To see how the law applies to your specific case, please consult a lawyer.
An Order of Protection is used when there is a “family” relationship between the person requesting the Order and the Defendant. Under ARS 13-3601
, a family relationship can include any of the following: 1) married now or in the past, 2) live together now or lived together in the past, 3) parent of a child in common, 4) one of you is pregnant by the other, 5) you are a relative (parent, in-law, brother, sister, or grandparent), or 6) current or previous romantic or sexual relationship. Under ARS 13-3602
, a petition for an Order of Protection must state the following: "1. Name of the plaintiff. The plaintiff's address shall be disclosed to the court for purposes of service. If the address of the plaintiff is unknown to the defendant, the plaintiff may request that the address be protected. On the plaintiff's request, the address shall not be listed on the petition. Whether the court issues an order of protection, the protected address shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court. 2. Name and address, if known, of the defendant. 3. Specific statement, including dates, of the domestic violence alleged. 4. Relationship between the parties pursuant to section 13-3601, subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage. 5. Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained. 6. Desired relief." Information about filing for an Order of Protection can be found on the AZ Courts website
. This flowchart
may be helpful in understanding the steps involved in obtaining an Order of Protection. Additionally, the Arizona Coalition Against Domestic Violence
can assist you with resources and information about domestic violence.