send this page to a friend

Domestic Violence Library

Before the Legal Proceeding

Basics About Domestic Violence Restraining Orders

A Domestic Violence Restraining Order is a way the court can help to prevent repeated acts of violence or sexual abuse in a family, a home, or between people who have a close relationship. This abuse can be by:

A spouse or former spouse;
People who are dating or used to date (it does not have to be an intimate or sexual relationship);
The mother or father of a child;
People related to each other by blood, marriage, or adoption to the 2nd degree (such as a mother, father, child, brother, sister, grandparent, or in-law);
A party who is pregnant by the other party;
A person who regularly lives or used to live in the home. ARS § 13-3601 et seq

A person who gets a Restraining Order can ask a police officer, sheriff's deputy, or other law enforcement officer to protect him or her, and his or her children under the age of 18 who live with him or her, from actual or threatened violence from the restrained person from ARS § 13-3601 et seq:

Any act that is a dangerous crime against children;
Endangerment;
Threatening or intimidating act;
Custodial interference;
Unlawful imprisonment or kidnapping;
Criminal trespass;
Child or vulnerable adult abuse;
Physical injuries;
Sexual assault;
Attacking, striking, or battering;
Molesting;
Harassing;
Stalking;
Harassing or threatening telephone calls;
Destroying personal property;
Disturbing your peace; and,
Threatening to do any of the above.

According to Arizona law, the abuse can be physical, sexual, or verbal. It can include spoken or written abuse. ARS § 13-3601 et seq

The person seeking protection should be ready to NOT SEE OR TALK TO the person to be restrained while the Restraining Order is in effect.

WARNING: An abuser can tell what Internet sites you have visited on your computer. The safest way to find information on the internet is to go to a safer computer. Suggestions are: a local library, a friend's house or your workplace. Other safety suggestions: change your password often, do not pick obvious words or numbers for your password, and pick a combination of letters and numbers for your password. There are other ways to protect your safety on the Internet. Learn how at The Commission on Domestice Violence

There Are Different Kinds of Restraining Orders

Restraining Orders can also have different purposes.

A person may qualify for a Domestic Violence Restraining Order if there is both:

a close relationship between that person and the person he or she wants protection from, and
actual or threatened abuse.

The person seeking protection can ask the court to grant the following types of Restraining Orders:

1. Personal Conduct Orders: These are Orders to stop specific acts against everyone named in the Restraining Order. This Order can stop the restrained person from doing the following things to people protected in the Order:

Contacting;
Sending any message (including email);
Molesting;
Attacking;
Striking;
Stalking;
Threatening;
Sexually assaulting;
Battering;
Harassing;
Telephoning;
Destroying personal property; or
Disturbing the peace of the person seeking protection.

2. Stay-Away Orders: These are Orders to keep the restrained person a certain distance away (such as 100 yards, approximately the length of a football field) from:

The person seeking protection;
Where he or she lives;
His or her place of work;
His or her child's school or place of child care;
His or her vehicle;
Other important places where he or she goes.

3. Residence Exclusion ("kick-out") Orders: These are Orders telling the person to be restrained to move out from where the person seeking protection lives, and to take only clothing and personal belongings until the court hearing.

For information about additional kinds of Orders a judge may grant in a domestic violence case, see the FAQs page.

For the person to be restrained, the consequences of having a Court Order against him or her can be very severe.

He or she will not be able to go to certain places or to do certain things.
He or she might have to move out of his or her home.
It may affect his or her ability to see his or her children.
He or she will generally not be able to own a gun.

If the person to be restrained violates the Orders, he or she may go to jail, or pay a fine, or both.

How does a Restraining Order work?

The protected person is to give copies of the Court Order to law enforcement agencies so they are aware of what's happening, and will act if violations of the Restraining Order are reported.

The protected person may also give copies to:

the landlord, if the protected person rents and the Order includes a "residence exclusion;"
security officers at the protected person's residence or workplace;
the protected child's school and/or child care provider;
financial institutions if there is an Order regarding use and control of an account;
health care providers or insurance companies, if listed on the Orders, and
others that are listed on, or affected by, the Court Order.

Restraining Orders can last for as little as a week, or can be extended for several years - then longer, if needed. A police officer or sheriff's deputy can make the restrained person do what the Order says.

Ask For Help

In domestic violence cases, most people need more than just legal help. For example:

The people involved, and their children, may be afraid, or have a hard time dealing with their feelings or emotions at this time.
They may also be worried about where they will live, or how to find work or pay for childcare.

There are people who want to help. Sometimes it takes talking to several people before the right person is found, so ask everyone what he or she recommends. Don't give up!

Some of the resources or options to consider include:

Legal information: Private attorney, legal aid program, Family Law Facilitator (for child and spousal support issues only), district attorney, public defender, self-help books or videos;
Domestic violence information: Domestic violence shelter and support staff, Victim Witness Assistance program, or crisis hotline; batterers treatment or anger management groups:
Mental health information: Counselor, crisis hotline, social worker, or other health professional specializing in domestic violence; books, videos, and other materials;
Spiritual support: Priest, minister, rabbi, or other religious leader informed about domestic violence;
Employment information: Local unemployment agency or other department;
Help with child care: School districts, local job training programs, and area preschools;
Information about and support for children affected by domestic violence: Schoolteacher, children's counselor, youth leader, pediatrician, books, videos, and other self-help materials;
Support during mediation or court proceedings: Battered women's shelters, Victim Witness Assistance programs.

For more local links>>>

//