Orders Of Protections
Orders Of Protection 101
BY KATHRYN BAILLIE , ATTORNEY
Please be advised — this is not a complete or authoritative review of the subject of Orders of Protection and domestic violence . This is only intended to provide an overview on Arizona law regarding Orders of Protection . Protective orders and domestic violence often involve numerous complex issues of a relationship and legal rights including children . Specific situations should be discussed with a PLEA attorney .
Okay , so what is domestic violence ? As a police officer , you are very aware that a person commits domestic violence (“ DV ”) if they use threats , harass , molest , stalk , attack , batter , or strike an intimate partner , family member , or one ’ s own children . The crimes and relations are located under A . R . S . § 13-3601 . As you know , if there is only harassment without meeting the relationship requirement for an Order of Protection , you have an Injunction Against Harassment , which will not be covered here .
BURDEN OF PROOF FOR ORDERS OF PROTECTION
When evaluating the legal standard for the burden of proof on the plaintiff who is filing for the protection , one needs to understand the legal standard is low and the burden is by preponderance . Yes , that ’ s right , the only-51 % -morelikely-than-not standard . And yes , I agree that ’ s crazy and scary . You should also understand that a plaintiff is not required to have a physical injury or be hurt to be a victim . A court will determine if domestic violence occurred by
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