questions & answers

Question: On a Saturday night me and my ex got in a fight. It was nothing to big i thought. I went to bed and as I did i punched the wall and put a small hole in it. She slept on the couch. The next day i got up and she was not there. I called her to see where she was and she said that she wanted to separate. That was about 5pm on Sunday. We fought over the phone. I called her twice. Then about 8or9 the cops showed up and took my guns. Tuesday night they showed up again and kicked me out of my house and said she got a protection order against me. How is this possible? And it's for a year.

Answer: Under A.R.S.13-3602 - A person who believes her/his safety is in danger due to domestic violence or harassment can ask the court for an Order of Protection or an Injunction Against Harassment. An Order of Protection is a legal restraint used to prohibit a person from committing acts of domestic violence or from contacting people protected by the order. It also provides several kinds of protective relief, such as removing firearms from the home, adding other people to the protective order, and exclusive use of the home. However, it is only a piece of paper. You must also take steps to insure your safety. I. At any time during the period during which the order is in effect, a party who is under an order of protection or who is restrained from contacting the other party is entitled to one hearing on written request. No fee may be charged for requesting a hearing. A hearing that is requested by a party who is under an order of protection or who is restrained from contacting the other party shall be held within ten days from the date requested unless the court finds good cause to continue the hearing. If exclusive use of the home is awarded, the hearing shall be held within five days from the date requested. The hearing shall be held at the earliest possible time. An ex parte order that is issued under this section shall state on its face that the defendant is entitled to a hearing on written request and shall include the name and address of the judicial office where the request may be filed. After the hearing, the court may modify, quash or continue the order. You may want to consult an attorney for more information or clarification.