Menu
Login
Here's what the law and the state of Arizona says about grounds for orders of protection:
protection order
(5) Protection order .— The term “protection order” includes— (A) any injunction, restraining order, or any other order issued by a civil or criminal court for the purpose of preventing violent or threatening acts or harassment against, sexual violence, or contact or communication with or physical proximity to, another person, including any temporary or final order issued by a civil or criminal court whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil or criminal order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection; and (B) any support, child custody or visitation provisions, orders, remedies or relief issued as part of a protection order, restraining order, or injunction pursuant to State, tribal, territorial, or local law authorizing the issuance of protection orders, restraining orders, or injunctions for the protection of victims of domestic violence, sexual assault, dating violence, or stalking.
. A protection order includes any injunction or other order that is issued for the purpose of preventing violent or threatening acts or harassment against, contact or communication with or physical proximity to another person. A protection order includes temporary and final orders other than support or child custody orders that are issued by civil and criminal courts if the order is obtained by the filing of an independent action or is a pendente lite order in another proceeding. The civil order shall be issued in response to a complaint, petition or motion that was filed by or on behalf of a person seeking protection.
13-3602. Order of protection; procedure; contents; arrest for violation; penalty; protection order from another jurisdiction; definition
A. A person may file a verified petition, as in civil actions, with a magistrate, justice of the peace or superior court judge for an order of protection for the purpose of restraining a person from committing an act included in domestic violence. If the person is a minor, the parent, legal guardian or person who has legal custody of the minor shall file the petition unless the court determines otherwise. The petition shall name the parent, guardian or custodian as the plaintiff and the minor is a specifically designated person for the purposes of subsection G of this section. If a person is either temporarily or permanently unable to request an order, a third party may request an order of protection on behalf of the plaintiff. After the request, the judicial officer shall determine if the third party is an appropriate requesting party for the plaintiff. For the purposes of this section, notwithstanding the location of the plaintiff or defendant, any court in this state may issue or enforce an order of protection.
. An order of protection shall not be granted:
1. Unless the party who requests the order files a written verified petition for an order.
2. Against a person who is less than twelve years of age unless the order is granted by the juvenile division of the superior court.
3. Against more than one defendant.
C. The petition shall state the:
1. Name of the plaintiff. The plaintiff's address and contact information shall be disclosed to the court for purposes of service and notification. The address and contact information shall not be listed on the petition. Whether or not the court issues an order of protection, the plaintiff's address and contact information shall be maintained in a separate document or automated database and is not subject to release or disclosure by the court or any form of public access except as ordered by the court.
2. Name and address, if known, of the defendant.
3. Specific statement, including dates, of the domestic violence alleged.
4. Relationship between the parties pursuant to section 13-3601, subsection A and whether there is pending between the parties an action for maternity or paternity, annulment, legal separation or dissolution of marriage.
5. Name of the court in which any prior or pending proceeding or order was sought or issued concerning the conduct that is sought to be restrained.
A fee shall not be charged for filing a petition under this section or for service of process. Each court shall provide, without charge, forms for purposes of this section for assisting parties without counsel. The court shall make reasonable efforts to provide the appropriate information to both parties on emergency and counseling services that are available in the local area.
E. The court shall review the petition, any other pleadings on file and any evidence offered by the plaintiff, including any evidence of harassment by electronic contact or communication, to determine whether the orders requested should issue without further hearing. The court shall issue an order of protection under subsection G of this section if the court determines that there is reasonable cause to believe any of the following:
1. The defendant may commit an act of domestic violence.
2. The defendant has committed an act of domestic violence within the past year or within a longer period of time if the court finds that good cause exists to consider a longer period.
F. For the purposes of determining the period of time under subsection E, paragraph 2 of this section, any time that the defendant has been incarcerated or out of this state shall not be counted. If the court denies the requested relief, it may schedule a further hearing within ten days, with reasonable notice to the defendant
. If a court issues an order of protection, the court may do any of the following:
1. Enjoin the defendant from committing a violation of one or more of the offenses included in domestic violence.
2. Grant one party the use and exclusive possession of the parties' residence on a showing that there is reasonable cause to believe that physical harm may otherwise result. If the other party is accompanied by a law enforcement officer, the other party may return to the residence on one occasion to retrieve belongings. A law enforcement officer is not liable for any act or omission in the good faith exercise of the officer's duties under this paragraph. While the order of protection is in effect, if a party was granted the use and exclusive possession of the parties' residence and subsequently moves out of the house, the party must file a notice in writing with the court within five days after moving out of the residence. After receiving the notification from the plaintiff, the court shall provide notice to the defendant that the plaintiff has moved out of the residence and of the defendant's right to request a hearing pursuant to subsection L of this section.
3. Restrain the defendant from contacting the plaintiff or other specifically designated persons and from coming near the residence, place of employment or school of the plaintiff or other specifically designated locations or persons on a showing that there is reasonable cause to believe that physical harm may otherwise result.
please note dates of alleged domestic violence and, defendant May commit an act of domestic violence.
Neither which of these statements apply to myself who until recently and not because I've committed any crime but because of a loophole in the system here in Arizona that allows people who are abusers to get orders of protection on someone who is committed no crime nor threatened them. Define harassment? If a person is committing infidelity on you and you're questioning them on that and they tend to be of the type that likes to avoid any sort of acknowledgment or responsibility for their actions then I guess they could say that that would be harassment. However it is not harassment or stalking if that person is on your Facebook page and you've allowed them on your Facebook page and they're asking you questions about certain people that don't add up on that Facebook page. The problem is that these judges and the courts do not bother to get details. They hear a word stalking or harassment and they automatically assume that that is what it's going on. The person is already found guilty before even making their appearance in court because it seems like the judges here have their decision already made. I've been dealing with this since 2019 when I had the first one issued on me by an ex-girlfriend whom I have not spoken to in several months whom had put me on the streets and after discovering her infidelity decided to try to cut contact with me. Which she did. So this order of protection came as quite a surprise however it was not a result of me making any threats to her it was a result of people at Arizona State Hospital who were trying to make my life difficult for no reason other than they wanted me gone.
This person subsequently got three orders of protection issued on me 2019, 2020, and 2021. Although I had not seen this person since February 15th of 2019 in a courtroom and are not spoken to this person since December 2018. Have not been to their residence do not know where they live and they do not know where I live. However they successfully were able to get an order of protection on me even though no threats no domestic violence or the like where ever made.
subsequently another ex-girlfriend of mine who I had left due to her fentanyl use and her self prostitution amongst other things defrauding the government and attempting to use my social security number to open fraudulent claims. After leaving her this person harass and hounded me up until December 12th of 2020 when I finally told her to stop bothering me in my family. Little did I know in September of 2020 she had gone down to the courthouse to get an order of protection issued on me however made no such statement whatsoever to myself or to my mother or my brother. She did this purely to be spiteful and for some reason it's stuck.
February 2021 I was issued three orders of protection at the same time one from an ex-girlfriend of mine the same one who had gotten the one on me in 2019. This female who had gotten the one on me in September of 2020 but it was not issued until 2021. And the one who currently had one on me who got it removed due to the fact she said that she had mistaken something I had said. However the next time around was not the case. you see when you're carrying on an illicit relationship when you're supposed to be in a loyal and committed relationship and you don't want someone's family to find out you don't want your family to find out and you're afraid that this person is going to expose you for what you're doing. You go down to the courthouse and you claim something that never happened although it never states on the order that any domestic violence ever took place because it never did. Neither does it stays to any threats were made because none were. This woman was emotionally a psychologically extremely abusive. However like with most men we don't tend to cut it off and like myself we try to negotiate. Which was the only thing I am guilty of. But she wanted to put distance between me and her family by me involving her family and letting them know what was going on. And the court all too willingly invoke the Brady law on me and allows this order of protection to stand. The end result? I became homeless, I've lost just about everything I own, I have three medical conditions that sitting in a vehicle for long periods of time will kill me. I lost job opportunities. I lost my ability to obtain housing. Because of unwarranted orders of protection and warrants being issued as a result of these although I've committed no infraction in whatsoever. And although I have no means to get out to the pinal county and I have no means to get the mail that they've been sending they keep issuing warrants on me. Although I've never committed a crime in my life other than a moving violation in 2006 Anchorage Alaska and if failure to wear a safety restraint 2009 Anchorage alaska. Other than that my record has been completely clean up until Arizona which is destroyed my record completely. The Brady law being invoked on me is outlandishly ridiculous as I already at that time had and have a concealed carry permit. As I have worked many type of jobs that require having a concealed Carry permit so why this judge would have Brady law invoked on me is beyond me.
Desired outcome: Compensation and removal of all orders of protection have been issued against me and warrants nulled. Right to bare arms fully reinstalled
Reason why this person did this to me. She could have just been honest with me and I would have said okay. If a person's not happy they're not happy. But to go to the length that she did to try to cover her tracks is unacceptable and it's unlawful. It's called litigation abuse or abuse of the justice system. Even the officer who was standing in the courtroom that day shook his head when he looked at me because he even could tell any threat or stress. The following night she went to a concert. The person is truly abused you can tell they're abused as I've dealt with a lot of females who have been abused as I am against the abuse of anyone whether it be animal or children elderly or the defenseless or women. She knew this she was helping me fight another order of protection and she turned around and did the very same thing the others did out of spite. And this court has allowed her to continue abusing me and mistreat me and keep me connected to this person I do not wish to ever see again because of these orders of protection.
When the hearing first started the judge said that one of us was going to go home disappointed. He said it could go one of three ways. Either he could have it amended, which he should have done, that way I had my right to bear arms and I could continue on with my life. He could throw it out completely and dismiss it. Or he could have it stand. I had prepared 86 pages of documentation trying to show the judge that one I was no threat to this person. And to her pattern of abuse and what she would do. However the judge wanted us to pick three pieces of paper out that would be the most compelling. One of those pieces that I picked out was the documented conversation her and I had in which four and a half hours she continuously texted me but I did not respond. When I did respond I told her when she was ready to act like an adult I'd be willing to have a conversation with her. The thing about this person is due to the fact that she herself feels inadequate mentally. Not that smart. She tended to go off in a rage anytime I use any intelligence with her. This was one of those situations. her response was to text me 42 times repeatedly saying stop texting me. Which of course I did I took a snapshot of that and sent it to my mom and my sister trying to show them as well this person's outrageous behavior. However she did text me two days later which was the last text message I got from her and that text message was some link to a YouTube video. Had the judge turn that piece of paper over and had he given me a chance to talk he would have seen that I indeed had not texted her. Regardless this wasn't one of those situations of her feeling threatened or harassed. It was simply her going off in a rage. The judge also said at the beginning of the hearing that her and I could work it out. When he asked me if we could I told him yes that I didn't have any issue with her that I changed my phone number I had no means to get out to Maricopa and I loved her children but things would not work out between her and I so I was willing to just let bygones be bygones and move on. However she did not. Because the end game wasn't because she felt threatened it was just to try to hurt me. And naturally the judge went with it. her reasoning first stated for getting to order protection was because child protective services has shown up on her doorstep. Child protective services indeed did show up on her doorstep however it was an eye Hood called them. I did make a report to the FBI because I would received an anonymous video of her having sex with two men in a hotel room. She was doing her thing and her daughter was oftentimes brought with her. I told the FBI that I did not think that the daughter was involved in any way as she's only 5 years old however her mother's behavior definitely was a threat to the children especially the safety of a little girl given the fact of her elicit activities. So I'm sure that it was the FBI who actually contacted child protective services. I'll be it though contacting child protective services is not a crime and definitely doesn't warrant an order of protection. That is what a citizen has a right to do if they fill a child is in danger. When she tried to throw me under the bus by mentioning the same person who she was trying to help me get this order of protection lifted on that she had gotten one on me and then had the audacity to bring up another ex-girlfriend of mine who I stated I got three on me in order in the last 3 years 2019 2020 and 2021. When that did not work she sat there for almost 7 minutes silent. That's because if he had been out at home with her alone dating her she would have gone up in a rage. She didn't have anything else to say so all she could say to me was why didn't I stop texting her. I told her I break up is a amicable. There was nothing amicable about it. She simply would the pattern was, when her kids fathers would pick the kids up and they would both have the kids on the weekend she was simply disappeared but before that she was started argument with me so she could hang up the phone block my number and then resurface on a monday. This pattern went on one time so severely of the stress that it caused temporary amnesia. I did not remember who she was. When she mentioned in the courtroom that during an argument of her and eyes when she had been caught again sleeping with somebody else, who I believe is this woman, she had placed her hands on my face. And I smell her hands and it smelled like somebody else. We are on our way to a store on the way back she started to scream at me and I asked her to let me out of the car which she didn't. I kept telling her to let me have the car but she refused to. When we got to a certain point she pulled over and she asked me what are you going to do choke me? This was a pun and an insult because the ex-girlfriend of mine had mentioned this in the order of protection that I had choked her. Which anyone knows anything about choking requires medical service immediately however medical service was not applied and neither were the police called because this person lied on this order of protection as well. The judge me thinking that he would understand when he asked me if I said this. I said yes I did but it wasn't in a threatening way. it was a response to her tort meaning that if I did not have control of my body I would but because I have control of my body I wouldn't nonetheless I would not do something like that because that would land me in prison on a felony charge. However the judge failed to understand this. So because of that and because of the text message that she sent repeatedly telling me to stop texting her even though I had stopped texting her even though she had texted me two days later and I did not respond this is the grounds in which he had loud the order of protection to stand I did not receive any counseling I did not have a fair chance. A violation of my rights took place absolutely. Because I believe this judge was biased to begin with like most of the judges here are anyway. For whatever reason he saw fit to try to destroy my life and he did so. My son who I've never met who's 29 years old came to Arizona for the first time for me to meet him. I was so depressed I laid in bed for three days and I did not bother to even meet him that's how badly this hurt me. Something must be done. the Injustice of people who are innocent getting strung through the ringer by people who are actually abusive their selves is unacceptable especially being a veteran who has served this country. That she slandered me. Is unacceptable. I'm not going to be silent about this if I was guilty I'd take my lumps and move on but I'm innocent and my life has been destroyed because of her actions and the judges actions as well. As far as I'm concerned both need to be held accountable. But none more so than her for violating my rights violating my civil rights violating my rights as a human being and for her abusive narcissistic behavior.
