reviewing the actions or attempted actions of the other person , the defendant . According to Maricopa County Court guides , the court will determine if the defendant actually committed or attempted to commit any one of these actions :
1 . Endangerment 2 . Stalking physically or electronically 3 . Threatening , intimidating , or harassed 4 . Interfered with the custody of children
5 . Trespassed on or damaged property ( even your own property )
6 . Restrained , kidnapped , or held a person as a prisoner
7 . Assaulted with his or her body or with a weapon ( of any kind )
8 . Displayed a deadly weapon or threatened with a deadly weapon ( words matter )
9 . Surreptitiously photographed , videotaped , filmed , or recorded another person
Remember , the defendant only needs to threaten harm or abuse one time for the act to be considered domestic violence .
A protective order is only a piece of paper to restrain / order a defendant to cease any further contact with the plaintiff and to prevent abusive behavior . That paper can also remove firearms from the home or the defendant and can include others in the protection as well as give exclusive use of the home to the plaintiff . See A . R . S . § 13-3602 . Of course , that piece of paper is a court order , signed by a judge or magistrate , and it can make your life miserable , or worse , ruin your career in law enforcement . So , you don ’ t take such orders lightly ; however , you also don ’ t take matters into your hands . That ’ s why PLEA has full coverage for its members who are served with a nasty Order of Protection .
As you and I both know , Orders of Protection can be abused and misused as a retaliatory measure for scorned love . In your career , you have seen true domestic violence , just as we know domestic violence when we see it ; however , the Arizona courts often do not take a chance and will just issue an order to keep two people away from each other to allow a cooling off period . Standing back and looking at it , this approach is not all bad . Does it stink that there is an Order of Protection with your name on it ? Yes ! But the courts don ’ t care because there is an expiration to Orders of Protection , if not dismissed / quashed during a hearing , and rational people usually cool down and move on .
ORDERS OF PROTECTION EFFECTIVE FOR TWO YEARS
Let ’ s talk about that expiration . Prior to September 2023 , Orders of Protection were in effect for one ( 1 ) year after service ; however , the legislature changed the length of a protective order after a couple of high-profile domestic violence cases , where victims had been brutally murdered by their spouse / partner . In September 2023 , a law was signed by the Governor making an Order of Protection effective for two ( 2 ) years after service on the defendant and making a modified order effective after service of the initial order and petition , removing extended length of Orders of Protection when a hearing is requested , by ensuring the length remains from the time of service of initial order and petition . See A . R . S . § 13-3602 ( N ). Now , that means the defendant cannot have contact with the plaintiff , excluding the order previsions regarding child issues , for two ( 2 ) years from date of initial service . Even if the plaintiff wants to speak with the defendant , see the defendant , invites the defendant to return to the relationship and live with the plaintiff prior to the two ( 2 ) year expiration of the order , the Court order trumps the plaintiff , and the defendant would be in contempt of court for violating a court order , if the defendant re-engaged the plaintiff . Can we just say , the defendant could be sent to a “ think tank ”/ jail where the defendant would be sleeping on a cold , smelly cot in a cell while the plaintiff sleeps in his / her cozy bed at home . Never ever violate a court order .
Okay , so two years hasn ’ t expired and the cooling off period has caused the plaintiff ’ s heart to grow longing for the defendant . Maybe the defendant longs to be with the plaintiff , even with all those nasty things said about the defendant in court . Sometimes love is blind , deaf , and insane . So , what can a party do ? Either the plaintiff or the defendant has the ability to return to court to request a dismissal / quash of the Order of Protection . Once the court grants the dismissal , the defendant and the plaintiff are free to engage and resume their relationship . So , don ’ t go back or talk to the plaintiff without first seeking court permission through a dismissal of the order .
11 • AZPLEA . COM