how do i file a protection order in scottsdale

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Page 1: How Do I File a Protection Order in Scottsdale

HOW DO I FILE FOR A PROTECTION ORDER

IN SCOTTSDALE?

“If you have been the victim of abuse by a close family

member, there are protections in the legal system that you

can and should take advantage of. Many people are familiar

with the concept of applying for a “restraining order,”

in cases of domestic violence.”

Page 2: How Do I File a Protection Order in Scottsdale

How Do I File for a Protection Order in Scottsdale? www.singerpistiner.com 2

If you have been the victim of

abuse by a close family

member, there are protections

in the legal system that you

can and should take

advantage of. Many people

are familiar with the concept

of applying for a “restraining

order,” in cases of domestic

violence. In Arizona, a

restraining order is actually

referred to as a protection

order or as an injunction

against domestic violence. A

protection order is a

mechanism by which the legal

system can require someone

who is harming you to stay

away from you. If the person

who is abusive does not stop contact and comply with the terms of the order,

arrest and criminal charges can follow.

You need to ensure you understand your rights and understand all of the

appropriate legal steps to take in Arizona in order to file for a protection order. An

experienced Scottsdale family law attorney can provide assistance to domestic

violence victims in seeking an order of protection from the court.

Page 3: How Do I File a Protection Order in Scottsdale

How Do I File for a Protection Order in Scottsdale? www.singerpistiner.com 3

An attorney can also explain other resources that may be available as you seek

protection from domestic violence and can help you to pursue divorce or

permanent legal separation in order to escape from a relationship that has

become harmful to you. You should contact an attorney as soon as you can

when you begin to fear abuse so you can begin to make the legal system work to

provide you with the protection that you deserve.

HOW DO I FILE FOR A PROTECTION ORDER?

The first step is to make sure you qualify for a protection order. A protection

order or an injunction against domestic violence is available if you are

experiencing physical harm or threats to your safety from someone who is close

to you. This could be a spouse or a romantic partner, the parent of shared

children, or someone else who is an immediate relative and/or who lives in your

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household and who is victimizing you. An injunction against domestic violence

is not granted in situations where you are being victimized by non-family

members or others who are not related to you in some way. If you are being

harassed or threatened by someone who is not a close relative or intimate

partner, you will instead need to seek an injunction against harassment.

If you qualify for a protection order or injunction against domestic violence, you

can visit any court in Arizona to get help. You can also contact any law

enforcement agency to help you get an emergency order of protection. You can

get an emergency order

of protection at any time,

day or night, even if the

court is closed. An

emergency order of

protection is in effect until

the close of court

business the day after the

emergency court order or

injunction against

domestic violence was

issued. You will need to go to court the next day to complete your formal petition

to get a more permanent order of protection when an emergency order is put into

place after hours.

Arizona Superior Courts are the preferred court for people seeking a protection

order. These courts actually have special Protective Order Centers that are set

up to help people who need protection from domestic violence. While you can go

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anywhere if you cannot get to a Superior Court, you may find more assistance

and support, and the process may be quicker and easier, if you visit a Superior

Court.

If you go to the Superior Court’s Protective Order Center, there is a computerized

system available that walks you through the process of filing out all of the

paperwork you need to get a protection order.

THE PROCESS

OF FILING FOR

A PROTECTION

ORDER

When you

complete your

paperwork and file

for a protection

order, you must

provide detailed

information on why you feel you are in danger and in need of protection. If you

know specific dates when abuse occurred or when you faced risk of harm, you

should provide the information. If you want others, such as your children or your

close family members, to be included in the protective order, you will need to

provide information about them as well. Be sure to include all relevant

information about why the court should provide protection from abuse for you and

your loved ones.

Page 6: How Do I File a Protection Order in Scottsdale

How Do I File for a Protection Order in Scottsdale? www.singerpistiner.com 6

Filling out all of the paperwork takes approximately two hours, after which time

you’ll go before a judge and provide testimony on the abuse you are claiming has

occurred. If the judge determines there are sufficient grounds to believe there

was past abuse and/or a risk of future harm, the protection order should be

issued.

Singer Pistiner, P.C. can provide assistance with filing for a protection order. Call

today to schedule a consultation and learn about the legal services our family law

attorneys provide.

Page 7: How Do I File a Protection Order in Scottsdale

How Do I File for a Protection Order in Scottsdale? www.singerpistiner.com 7

About Singer Pistiner, P.C.

In the midst of a family crisis, you may feel like you have nowhere to turn. But there is a solution. At Singer Pistiner, P.C., we will help you to find it. As a small firm, we are able to respond quickly to your needs and concerns. The efficiencies of being a small firm also enable us to provide high-quality legal services at affordable rates.

At Singer Pistiner, P.C., in Phoenix, Arizona, we know that divorce is an emotionally and financially taxing experience. That’s why we provide you with a simple, quick and personalized approach to family law services where you will deal with one attorney who will handle your case from start to finish.

Your Personal Attorneys

Throughout the legal process, our lawyers will keep you informed of important developments. We will return your phone calls, answer your questions and address any additional issues that may arise in the course of your case.

We will devote all of the time and effort needed to achieve the best possible outcome. Our law firm can take your case to family court, which is a part of the Superior Court of Arizona, or handle it through another avenue of resolution, such as mediation. In addition to divorce, our lawyers handle paternity, prenuptial agreements,grandparents’ rights, orders of protection, child relocation, and modification and enforcement issues.

In any family law case, your best interests are our overriding concern. Our goal is to find the right solution for you — in an efficient, timely and affordable manner.

OUR FAMILY LAW ATTORNEYS PROUDLY SERVE PHOENIX, GLENDALE, SURPRISE, SCOTTSDALE, TEMPE, CHANDLER AND MESA

If you’d like to know more about how our Phoenix family law firm handles divorce and other family issues, please feel free to call 602-264-0110 or send us an e-mail to schedule a free initial consultation.

Singer Pistiner, P.C. 15849 N. 71st St., Suite 100

Scottsdale AZ 85254 Phone: 602-264-0110

Fax: 602-264-0440 Website: www.singerpistiner.com