Domestic Violence & Restraining Orders in AZ

If you are arrested for domestic violence in Arizona, not only do you face serious criminal penalties, but you may also be subject to a restraining order. Also known as protection orders or orders of protection, restraining orders are legal restraints used to protect alleged victims from domestic violence and prohibits alleged offenders from contacting, visiting, or intimidating them and their loved ones. 

The following are the three types of domestic violence protection orders in Arizona: 

  • Emergency Order of Protection (EOP) – A civil order that is designed to offer immediate protection from domestic violence after court hours and issued by a judicial officer (i.e., judge or magistrate) either in writing or orally. The EOP lasts up until the day after the court closes or up to 72 hours, whichever is longer. The time period gives alleged victims an opportunity to file a more permanent restraining order. 

  • Order of Protection – This type of civil order can be issued without a full court hearing and without the alleged offender present. A judge will review your petition, any responses to the petition, and any evidence presented by the alleged victim to determine if the defendant has committed domestic violence within the past year or so, or he/she may commit such an act. While an order of protection may last up to one year, defendants may request a hearing to dismiss or change the order. 

  • Release Order – In counties with a population of at least 150,000 people, alleged victims cannot obtain an emergency order of protection after court hours. However, they may obtain a registered release order that protects them from the defendant. After a person is arrested for domestic violence, the court must send a certified copy of his/her release order to the local sheriff’s office within 24 hours of the arrest. 

Violating a restraining order in Arizona is a Class 1 misdemeanor, which carries a maximum jail sentence of six (6) months and a fine of up to $2,500. The fine also includes an 84 percent surcharge. 

If you or a loved one has been accused of domestic violence in Yuma County, contact Bowman, Smith & Kallen, P.L.L.C. today at (928) 433-2355 to discuss your case. Get more than 100 years of combined legal experience on your side! 

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