Protective Orders in Arizona
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In the state of Arizona there are four types of protective orders (“Law.arizona.edu”, n.d.). An emergency order can be requested when the life or health of a person is determined to by in immediate danger. The statute that governs this order is A.R.S. § 13-3624(C). It can be requested by a law enforcement officer and it is not required that the plaintiff be present. This type of order is limited to parties who meet specific relationship guidelines. An injunction against harassment, governed by A.R.S. § 12-809, has no relationship limitations; it is used to prevent acts of harassment which are not classified as domestic violence. An injunction against workplace harassment is used by an employer to seek a court order that prevents the defendant from being on the premises of the employer, the workplace, and from harassing the employer, other employees, is at the employer’s place of business, on the employer’s property or performing official duties in the course of their employment for the employer. A.R.S. § 12-1810 is the governing statue.
The only relationship is that there was an employer/employee relationship currently or in the recent past. Finally an order of protection is granted to prevent one person from engaging in certain activities with or against another person. It is limited based on the relationship between the parties. A.R.S. § 13-3602 governs this order. This is the most common type of order. It is granted between, spouses, roommates, and those who have had a romantic or sexual relationship, current or former, family members of the first degree, first degree relatives of a person’s spouse, or the parent of the plaintiff’s child (“The Judical Branch Of Maricopa County”, n.d.).
In the state of Arizona the defendant is not under always correctional supervision. They have not been convicted of any crime and in many cases have not been charged with a crime. Only after a conviction or as a condition of release following arrest and arraignment on charges of domestic violence is a person under the supervision of corrections. An order of protection does not always state that domestic violence has occurred, only that it may occur, (“Arizona Legislature”, n.d.), and the order is to help prevent it. If the defendant violates the order then they will be charged with that crime and will fall under the supervision of correctional authorities.
In order to ensure due process and the protection offered to all citizens by the Constitution of the United States that they are innocent until proven guilty it is important that this remain.
Arizona Legislature. (n.d.). Retrieved from http://www.azleg.state.az.us/ars/13/03602.htm
Law.Arizona.Edu. (n.d.). Retrieved from http://www.law.arizona.edu/clinics/child_and_family_law_clinic/Materials/ARPOP.pdf The Judicial Branch of Maricopa County. (n.d.). Retrieved from http://www.superiorcourt.maricopa.gov/SuperiorCourt/ProtectiveOrderCenter/oop.asp