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Restraining Order Template Without Consent In Phoenix
Category:
State:
Multi-State
City:
Phoenix
Control #:
US-000299
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Word;
Rich Text
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FAQ
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.
You can sue anyone for anything, but to win you'll need significantly more than an allegation that they filed a restraining order that was not made permanent. Your most likely claim would be abuse of process and that would require proof that the case was filed for an improper purpose.
Under California law, if your wife obtains a restraining order against you, you will be officially served with the order. This means that a process server, sheriff, or other authorized individual will deliver the documents to you in person.
You can do this using AZPOINT, or the Arizona Protective Order Initiation & Notification Tool. If you hire a Glendale family law attorney, they will handle this part of the process. After completing your AZPOINT paperwork, you will go to the courthouse in which you wish to file your case.
The judge is supposed to issue an order of protection if there is reasonable cause to believe that the defendant may commit an act of domestic violence or that s/he committed an act of domestic violence within the past year or within a longer period of time if there is “good cause” for the judge to consider a longer ...
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year. The plaintiff will be directed to go to the clerks counter to wait for the order.
The plaintiff has the burden of proving the allegations to be true based on the preponderance of the evidence. The purpose of an Injunction Against Harassment is to restrain a person from committing acts of harassment.
More info
Through an interview in AZPOINT, you can quickly and accurately fill out the forms that are needed to request an Order of Protection at an Arizona court. Go to Protective Order Center on the 2nd floor of the Phoenix Municipal Court.Forms for filing for an Order of Protection or Injunction Against Harassment in an Arizona State Court. Information about orders of protection, injunctions against harassment and workplace harassment, and moving out of state with an order. Next, you should fill out your petition requesting a protective order from the court. A Protective Order is a document obtained from a court, to order the abusive person not to contact you and to prevent abusive behavior. Attorneys can help you fill out forms and advise you on which protective order is appropriate to your situation. How do I get a no contact order in Arizona? There is no relationship requirement. It can also prevent a parent from removing a child from Arizona without permission.