Protection Orders

questions & answers

Question: How does a person obtain exclusive use of a residence with injunction against harassment?

Answer: An Injunction Against Harassment (ARS § 12-1809) does not grant access or use of a residence between parties because an Injunction Against Harassment is for persons who do not meet the relationship definition for an Order of Protection. 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.”

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