How to obtain a restraining order?

UPDATED: Sep 18, 2011

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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


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

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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