Types Of Injunction Order In Pima
Description
Form popularity
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.
At a hearing, the petitioner always has the burden of proof, and specific criteria must be met for the order to be upheld. Documents, photos, video, and any other supporting evidence may be used as evidence of allegations or evidence against accusations.
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.
Generally speaking, there are two kinds of relief available through an injunction: prohibitory and mandatory. A prohibitory injunction is the most common form of injunction, and directs a party to refrain from acting in a certain manner.
If you disagree with the Order of Protection You are entitled to a court hearing to oppose an Order of Protection. You must file a Request for Hearing form.
An Injunction Against Harassment is available if the conduct of any person is "harassment" as defined by Arizona law: The defendant can be anyone, whether or not related to you. The conduct can be any conduct which is harassment.
Protection Orders can: restrain a defendant from committing acts of violence and harassment. prohibit a defendant from contacting or coming into contact with you. provide you with legal recourse if the person served with a protective order violates the order.
– Burden of Proof: In Arizona, once self-defense is claimed, the burden shifts to the prosecution to prove beyond a reasonable doubt that the actions were not in self-defense.
Injunctions may preserve and safeguard assets or evidence, or may restrain people from committing certain acts. Mandatory orders require the other party to perform certain acts such as returning property.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
