A City Court Judge or Justice of the Peace in Justice Court can issue an Order of Protection to prevent your spouse or former spouse from harming you or your children. A Superior Court Judge may also issue an order of protection. If a Petition for Dissolution has already been filed then the Order of Protection must come from the Superior Court. In addition to requiring the person to stay away from you, the order may also prohibit the other person from going to certain locations, e.g. home, school, and work. If there is a divorce or custody case pending, when the Court decides the issues of parenting time and legal decision making, the Court will consider any evidence of domestic violence. The Court shall consider evidence of domestic violence as being contrary to the best interests of the child (A.R.S. 25-403.03(B)). All courts have the forms available that are needed to request an order of Protection. These forms are free to the public.
When a Petition for Dissolution or Petition for Legal Separation is filed a Preliminary Injunction is automatically issued against both spouses. This order prohibits both spouses from harassing or disturbing each other, in addition to other restrictions concerning property and children.
Daniel J. Siegel is a Certified Specialist in Family Law by the State Bar of Arizona. For help with any family law related matter, call Daniel J. Siegel, P.C. at 602-274-1099.
This article is for informational purposes only. The information contained herein is not legal advice, nor is it intended to be. Readers should not act upon information contained herein without first seeking the advice of a qualified attorney. Please contact Daniel J. Siegel, P.C. with any questions, 602-274-1099Follow me on social media: