Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with domestic violence. 

Domestic Violence Order of Protection

Arizona law defines domestic violence as any of the following:  assault, certain crimes against children, disobedience of a court order, endangerment, harassment, intimidation, stalking, threatening words or conduct, unlawful imprisonment, as well as attempts to commit any of these crimes by an individual who fits certain relationship criteria.  In order to meet Arizona law’s relationship requirement and be deemed a victim of domestic abuse, the abuser must bear any of the following relationships to the victim:  (1) current or former spouses, (2) anyone with whom the victim currently or formerly shared a residence, (3) anyone whom the victim currently or formerly dated, (4) anyone with whom the victim has had a sexual relationship, (5) anyone related by blood to the victim, (6) anyone related by marriage to the victim, and (7) anyone with whom the victim has a child.

Arizona law provides for a domestic violence order of protection for victims of domestic abuse.  If you are in immediate danger of abuse, the first step is to fill out a Petition for a Protective Order.  The judge may grant this order or schedule a hearing within 10 days to determine whether or not the order is necessary.  Even if the judge grants this order immediately, the alleged abuser may contest the order in a “contested hearing.”  If the judge decides on his or her own that a hearing is necessary, he or she will likely arrange the court constable to serve the alleged abuser.

The hearing for your domestic violence order of protection will be held within 10 days.  Both you and the alleged abuser will each be given a chance to tell your sides of the story, and the judge will decide whether or not to grant a domestic violence order of protection for a period of up to a year.

If, after your hearing, you are granted a domestic violence order of protection, it is likely to order the following things of the abuser: to not engage in any activity laid out in the aforementioned definition of “domestic violence” according to Arizona law; to have no contact with you of any sort; to move out if you live together; to turn in any firearms and ammunition to law enforcement; and to not have contact with your children or any other necessary party.  The specifics of these provisions, as well as any other that the court deems necessary to protect you and your children will depend on the facts surrounding the case.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Arizona who have been victims of domestic violence can be found here.