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Restraining Order Arizona

guest hs

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Does anyone on here have experience with filing one of these?
 

t&y

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Not Arizona, but I successfully filed one in Hawaii, and deal with them all the time in Cali. I'm sure the process is pretty similar. Superior Court House, See the Clerk and obtain the paperwork. The paperwork will have a laundry list of things you are requesting (I.E. Move out Order, Vehicle removal, Phone Restrictions, ETC.... easy to follow). A lot of if depends on if you are co-inhabitants, or live separate, but need to order for other purposes. Make sure you read every line carefully because if you are not requesting it, and you want it after, you have to go back and refile. At any rate, you will generally fill out the forms, submit a written statement as too why you need the order, and submit anything of value as evidence (I.E. Texts, Phone logs, Pictures, Prior Police contacts or reports, Etc...) A commissioner will look at it and if they feel there is a need they will generally issue a temporary order and set a date for a hearing. Then it will either go to mediation, or an actual hearing.
 

Mikes56

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Ditto to what t & y said.
Remember, only an honest person will obey the RO. They are about $435. Don't expect the cops to jump through hoops for a petty violation of the RO.
 

jetur

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I know you need three (3) negative encounters with the subject to get one. So, if you truly need it and only have two make sure you have three when you go down to file for it.
 

jetur

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Also know that typically once you file for one against someone they typically file one back against you. So, the rules of the order that apply to them are usually put right back on you. Read them and make sure you are good with the rules in case they do it back to you.
 

was thatguy

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Ditto to what t & y said.
Remember, only an honest person will obey the RO. They are about $435. Don't expect the cops to jump through hoops for a petty violation of the RO.

Maybe, maybe not.
My buddy near Phoenix came home from work out of State to find the locks changed and all his shit in storage. Temp RO was already filed against him. Cops were at the house and gave him the order and the keys to the storage units and he left.

That night he texted her to ask where his shaving kit and a few other things were at in the storage units. I was with him at the storage unit.
She didn’t answer, he went to a hotel and I went back to my job site.
Next morning cops pull him over on
I-10 between Casa Grande and Phoenix and hauled him away for violating the order. 24 hours in the poke. For a one sentence text.
 

EBT531

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Like others said, 3 events, go to the local court and file. It is NOT enforceable until they have been served with a copy by an officer of the court. You can hire a process server or the Sheriffs will attempt for you. Any officer who has contact can serve them and it will pop on the computer if they are stopped etc.. The initial is only like 21 days or so until the court date when you both plead your case and the Judge will decide if there is enough for a 2yr order.
 

02HoWaRd26

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I’ve fought and won a few of them! If you are filing against someone with the means to fight it, remember all they really have to do to defeat it is show up, it’s up to you to prove that it is a necessity.
And as an FYI hearsay won’t hold up at all in court, so if you heard that someone said they were going to do X you need to have heard from the horses mouth not that Joe told you Bill was going to whoop your ass lol.
 

guest hs

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So basically let this person harm you first then the police will do something about it!
 

Yellowboat

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I had an ex that went off into drug land, lied her ass off ( said i sexually assulted her)and got one on me. It was not even the right type of order per .ca law. Anyways 2 weeks latter mine against her came up in the correct court. All I was asking for was a vacating of the order. Instead the judge granted me a life time order against her. The bad part is I have to notify the court so they can notify her of my new address as she has a 500' distance order. Long story short even after I had the judge write a letter to sac county district attorney they would not prosecute her for perjury. The judge took offense to some one trying to abuse the court system simply because they did not want thier drug habits expposed
 

t&y

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So basically let this person harm you first then the police will do something about it!
Not at all. You give us little to no info then jump to this?

Simple question, do you have a modern day phone, or even a answering machine, or email? If you are having issues with someone there are a couple very simple things you can do. Don't talk to them in person without it being video recorded is an easy one. Let them text, leave voice messages, send emails, or IMs DMs etc over social media. Print the messages, and present it to the court.

Threats of violence can not be taken just on face value. If that were the case, if I didn't like someone, I could make up whatever I wanted and get a court order. Do you think that is fair for anyone? I'm guessing NO. You have to do a little work to prove your case. That is pretty standard for any legal proceeding I've been involved in on the civilian side, and professional side.

My Hawaii deal was civil all the way. Without typing a 10 page report on the matter I'll keep it real simple. Basically the equivalent of a landlord tenant issue. We showed up to evict, person shows up in the middle of the process and things got a bit sketchy. I was immediately on the phone with our attorney on a recorded line, he was on 911 claiming his apartment was being burglarized. We had an interesting discussion with about 10 of Hawaii's finest for about the next hour in the apartment. Went the next day to file the restraining order based on things that occurred prior to and during that encounter in the apartment. We were smart and everything we did that day was documented via photo's, call logs, emails, etc. Best part about the testimony in court was when his attorney asked me "So isn't it true that you kicked in the front door to gain access, like you do at work as a police officer?" I laughed a little, calmly explained that we used a lock smith, had the receipts in hand, and also had photos of everything we encountered that day from the moment we showed up to when we left. I also added in testimony that if there was in fact damage to the door we needed to see it as either evidence of an actual break in, or vandalism to the apartment. His attorney looked like a deer caught in the headlight, stopped in the middle of his questioning, and just stared at the idiot we were evicting.

Point being, we didn't just rely on simple statements and expect the legal system to work for us. We recognized a potential problem, and took all measures we could to protect ourselves expecting it to go sideways.

Even shorter answer is nowhere in the law does it state you have to be physically harmed before defending yourself.
 

bonesfab

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Girlfriend found out about the wife??:D
 

gqchris

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I have heard that most females file one back on you, and that shit stays on your record down the road when needing clearances for jobs or even getting Global Entry etc.. No thanks.

Like mentioned, cops dont really care, and it becomes a tit for tat situation.
 
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