Information About Orders of Protection and Injunction Against HarassmentIf you wish to obtain an Order of Protection or An Injunction Against Harassment against an offender who is currently incarcerated in the Arizona Department of Corrections, it is recommended that you do so approximately one month prior to the release of the offender. Once the Order of Protection is obtained, you may mail, fax or hand deliver it to the Office of Victim Services where we will have it served upon the offender. You will receive notification that the offender has been officially served. We will also work with you in the development of a safety plan if needed. An Order of Protection is a legal restraint used to prohibit a
person from committing an act of domestic violence or from contacting people
protected by the order. An order of protection may include various forms of
legal protection such as removing firearms from the home, adding other people
to the order and exclusive use of the home. Please remember that an order of
protection gives you legal protection but is still just a piece of paper. You
must take steps to ensure your safety. You may contact the Arizona Department
of Corrections Victim Advocate
to assist in development of a safety plan. Provided
is a sample form for both the Order of Protection and the Injunction Against Harassment. It is recommended that you fill out this
form in order to have all the information with you when you go to your justice
court to fill out their forms. It is also important to know that when you file
an affidavit, it does become a public record. If
you would like your personal information protected, it must specifically be
requested. Orders of Protection: A.R.S. 13-3601 and 3602: You may apply for and receive an Order of
Protection if you meet the following requirements:
A. Relationship between you and the defendant. Your relationship to the
defendant must fit into one of these categories. If your relationship does not
fit into one of these categories, read about Injunctions Against
Harassment at the bottom of this page. The defendant is: Your spouse or your former spouse. Your roommate or your former roommate. The father or mother of your child or your unborn child. Your parent, grandparent, brother, sister, child, or grandchild. Your spouse's parent, grandparent, brother, sister, child or
grandchild. The defendant's spouse is: Your parent, grandparent, brother, sister, child, or grandchild. Your spouse's parent, grandparent,
brother, sister, child, grandchild. Someone you were involved
with in either a romantic or sexual relationship. (requestor
can be a minor) AND B. Thedefendant
committed, or is about to commit, any of the following: 1. Any dangerous crime against a child under 15 years of age
(A.R.S. 13-604.01) which includes: second degree murder; aggravated assault
resulting in serious physical injury or involving the discharge, use or threatening
use of a deadly weapon or dangerous instrument; sexual assault; molestation of
a child; sexual conduct with a minor; commercial sexual exploitation of a
minor; sexual exploitation of a minor; child abuse; kidnapping; sexual abuse or
continuous sexual abuse of a child; taking a child for the purpose of
prostitution; child prostitution; involving or using minors in drug offense. AND/OR 2. Any of the following acts in which the defendant: endangers (A.R.S. 13-1201); threatens or intimidates (A.R.S.
13-1202); assaults, including use of a dangerous weapon or causing serious bodily
harm (A.R.S. 13-1203 and 1204); kidnaps or unlawfully imprisons
(A.R.S. 13-1303 and 1304); interferes with the custody of a
child unlawfully (A.R.S. 13-1302); criminally trespasses or
criminally damages (A.R.S. 13-1502, 1503, 1504, 1602); disorderly conduct
(A.R.S. 13-2904(A)(1)(2)(3) or (6)); stalks (A.R.S. 13-2923); abuses a child or vulnerable
adult (A.R.S. 13-3623); interferes with judicial
proceedings (A.R.S. 13-2810); uses a telephone to terrify,
intimidate, threaten, harass, annoy, or offend (A.R.S. 13-2916); harasses (A.R.S. 13-2921). Injunctions against
Harassment. A.R.S. 12-1809. An Injunction Against Harassment is available if the conduct of any person is "harassment" as defined
by 1. The defendant can be anyone, whether or not related to you. 2. The conduct can be any
conduct which is harassment. Harassment is defined as a series of acts over any
period of time that is directed at a specific person and that would cause a
reasonable person to be seriously alarmed, annoyed or harassed and the conduct
in fact seriously alarms, annoys, or harasses the person and serves no
legitimate purpose (A.R.S. 12-1809(R)). Click here for further information regarding you Order of Protection or Injuntion Against Harassment ADC Office of Victim
Services Fax:Â 1-602-364-0459 |
