Legal Question in Family Law in Arizona
restraining order
how does one go about requesting a restraining order on a former spouse if you feel she is stalking you. does one have to define stalking in order for this to be ligitimate?
2 Answers from Attorneys
Re: restraining order
"Orders of Protection" can be filed by filling out the pre-printed forms at your local Justice Court. You must allege an act or acts of domestic violence, which stalking can be considered a form of.
Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.
/s/ Rich J. Peters, Attorney
JON C. DAKE & ASSOC., P.C.
1422 N. 2nd Street, Suite 100
Phoenix, Arizona 85004
602.254.7251
602.254-1229 (facsimile)
see our web page at www.familylawaz.com
Re: restraining order
To request a restraining order (Order of Protection), you must go to the court, fill out a petition, pay a $5 filing fee, and have a brief hearing with a judge. In the petition and in the hearing, you must give examples (within the past 12 months) of actions or statements by your ex that make you feel threatened (e.g. verbal threats, physical violence, other threatening behavior). If the judge grants the order (which they usually do), it is not valid until it is served on the other party. Once served, that person may request a hearing to ask the judge to quash (remove) the order.
I usually advise potential clients to seek their Order of Protection on their own (without an atty) because the judge wants to hear from you, not from your lawyer. If, however, the other party contests the order and seeks a hearing, you might want an attorney to represent you at the hearing.
If I can be of further assistance, please do not hesitate to contact me.
/s/ Monica H. Donaldson, Esq.
LAW FIRM OF WILLIAM M. SPENCE