How to obtain a restraining order?

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How to obtain a restraining order?

I want to put a restraining order against my husband. We have been seperated for 2 years and I’m in the process of filing for a divorce. He constantly shows up to my apartment uninvited, which in turn causes a fight, sometimes physical. I have been to jail because of this (the charges were dismissed). I have been almost kicked out of my apartment due to this as well. I also have a 10 year old daughter (not his). Most of the time our fights don’t happen in front of her but unfortunately there are times when they do. I don’t want my daughter to be taken away. He’s pretty persistent and aggressive when he doesn’t get his way. He threatens to cause a scene at my apartment to get me kicked out. I want to put a restraining order against him but he has told me that if I were to do that he would bring up my old charges and press them against me. Can he do that? I feel trapped and scared.

Asked on September 18, 2011 under Criminal Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should consider speaking with an attorney in your area about the best way to deal with this man, but it is my understanding that Arizona offers two avenues for obtaining protection in instances such as yours: an Injunction Against Harassment or an ex parte Order of Protection  (OP).  It is also my understanding that the steps to obtain wither are pretty much the same.  The Arizona court system is pretty good with helping those obtain an ex parte Order of Protection and I am going to give you a link to the court system that will help you step by step in this matter.  Good luck to you and be safe.    http://www.azcourts.gov/domesticviolencelaw/VirtualCourtTour.aspx


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