Separation and divorce can be complex and emotionally draining events for couples. The legal intricacies of property division and determining child custody arrangements, even in amicable separations, can be challenging to navigate. In some cases, a contentious divorce can escalate into a more complicated situation when threats or domestic violence are involved.
In the state of Arizona, individuals going through a divorce have the option to seek a restraining order, also known as an order of protection, to safeguard themselves and their children. An order of protection is a legal document that mandates someone to maintain distance from another individual. Typically, a judge grants this order, and it is enforced by law enforcement officials.
Who is Eligible for a Restraining Order in Arizona?
If you are currently involved in a divorce proceeding in Arizona, you, your children, or other household members who are being harassed, threatened, or physically abused by your spouse can be eligible to obtain a restraining order.
Moreover, according to Arizona law, you can also secure a restraining order against family members or individuals with whom you share a "significant romantic relationship".
How to Obtain a Restraining Order in Arizona During a Divorce
To acquire a restraining order in Arizona during a divorce, you must adhere to a specific process. The following are the key steps to obtain a restraining order:
File a petition: You must file a petition with the court stating the details of the abuse and the necessary relief you are seeking. You can submit the petition with a family court or the court that is overseeing your divorce case.
Attend a hearing: Once you have filed the petition, the court will schedule a hearing. It is essential to attend this hearing, as a judge will listen to your testimony and evaluate any evidence you have presented. Subsequently, the judge will make a decision on whether to grant the restraining order.
Serve the order: If the judge approves your request for a restraining order, it needs to be served on the individual from whom you are seeking protection. It is important to understand that a restraining order does not become effective until it is properly served to the concerned party.
Comply with the order: Once you have obtained a restraining order, it is imperative to abide by its terms. Failure to comply with the order can result in your arrest and criminal charges being filed against you.
What Can a Restraining Order Do in Arizona?
A restraining order can offer legal protection during your divorce proceedings in Arizona. Based on the circumstances surrounding your case, a restraining order can:
Restrict the individual you seek protection from, prohibiting them from contacting or harassing you and your children.
Mandate the individual you seek protection from to keep a safe distance from your residence, workplace, your child’s school, and any other places where you or your children may be present.
Temporarily award you custody of your children while the divorce is ongoing.
Order the individual you seek protection from to cover your attorney’s fees and court costs.
Conclusion
Acquiring a restraining order amid a divorce can be an anxiety-inducing time. By comprehending the process involved in obtaining a restraining order in Arizona, you can feel more empowered and safer during this challenging period. While a restraining order can provide protection for you and your children, it is essential to remember that it is a legal document that must be upheld in accordance with the law. Consult with an experienced divorce or family law attorney to gain a deeper understanding of obtaining a restraining order and ensure that your rights are safeguarded.