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Temporary Restraining Order Sample With Motion To Dismiss In Phoenix
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State:
Multi-State
City:
Phoenix
Control #:
US-000299
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Word;
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FAQ
The petitioner must show that the respondent has committed or may commit an act of domestic violence, which includes but is not limited to: Physical assault or harm. Threats or intimidation. Harassment or stalking. Sexual assault or abuse. Kidnapping or unlawful imprisonment. Criminal damage or trespassing.
For the purposes of getting an order of protection, Arizona law defines “domestic violence” as the occurrence of one or more of the following acts: assault or aggravated assault, such as hitting or kicking you; threatening or intimidating you, as defined by law; sexual assault;
If you need protection right away, take your forms to a court clerk. Some courts allow online filing, also called efiling. You can find out if your court has online filing by visiting your court's website.
Protective Orders are not automatically dropped upon request. You must put your request in writing and personally appear before a judge. The defendant may still be arrested for violating the Order, even if you do not want it anymore, until it has been quashed or modified by a judge.
You may know them as restraining orders if you come from other states, but in Arizona they are called Orders of Protection and Injunctions Against Harassment. They are orders from a Court prohibiting a person from having contact with another person, protected minors, being in certain places, and possessing firearms.
A plaintiff may request that an Order of Protection be dismissed or quashed at any time during the term of the order. Only a judge can dismiss or quash an Order of Protection. To file a motion to dismiss or quash an Order of Protection, you must go to one of the Protective Order Centers to complete a motion.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.
In most cases, you must have evidence to convince the judge that the person seeking a restraining order is in danger of harm. The danger or harm can include domestic violence, threats, criminal trespass, stalking, and harassment. An adult can file for a restraining order when they believe their safety is in danger.