Orders of Protection and Injunctions Against Harassment in Arizona

Is there a difference between an order of protection and an injunction against harassment in the state of Arizona? Note that both of them are protection orders, but there is a particular difference between them in Arizona law.  

Order of Protection vs. Injunction Against Harassment

The biggest difference between these two protection orders is to whom the order applies. An Order of Protection will apply if you have a familial kind of relationship with the other party. For instance, this kind of order applies to spouses, former spouses, a person you have lived with or are currently living with, a person with whom you had a child, and other relatives that are related to you because of marriage or through blood. On the other hand, you can file an Injunction Against Harassment only on people with whom you have no familial relationship. If there is no family relationship between the two parties, then this is the protection order that you should be seeking. This means that this protection order can be used against your coworkers, neighbors, club members, people in school, and even acquaintances.

How to Complete a Petition for These Two Protection Orders

You basically follow the same procedure when you file a petition for either an Injunction Against Harassment or an Order of Protection. The following are the steps that you need to complete:

1. Submit your contact information and other relevant information. This includes your address and your phone number. In case the defendant (i.e. the person who you need a protection order from) would request a hearing, the court and your attorney can contact you. This information will be kept confidential.
2. You must have the address of the defendant. It has to be a physical address and not just a PO Box. The order must be served to the defendant for it to be effective. You can request an injunction but it will still be ineffective if the order is not served to the defendant.
3. Remember that filing something in court simply means that you have filled out and submitted to the court all the necessary paperwork. It does not mean that the protection order you petitioned is already effective. Once the judge grants the order, and it is served, the protection order is effective.  The defendant can challenge the order and ask for an evidentiary hearing on the order. It is the judge at that hearing who will decide if your protection order should continue in effect or cancelled.
4. Note that you will not have to pay any kind of filing fee. However, there are other fees that you will need to pay for. There is a fee for the private process server and there may be another fee that you have to pay to the constable.
5. Once the judge issues your Injunction Against Harassment or your Order of Protection it needs to be served to the defendant before it can be effective.
6. What happens if the defendant violates either of these two orders of protection? If that happens you may immediately contact law enforcement who will enforce the protection order. Law enforcement officers and the prosecutor will decide whether or not to file charges.
7. Remember that it is only the court who can dismiss Orders of Protection and Injunctions Against Harassment in Arizona. The court is also the only party that can change its terms. If you feel that certain terms need to be modified, then you need to contact the court for either dismissal or modification of any of these protection orders.
8. Note that both an Injunction Against Harassment and an Order of Protection in Arizona are only effective for one year after they have been served on the defendant.

Understanding Harassment Laws

Note that a single incident does not necessarily constitute an act of harassment. It may be troubling to you, but it needs to be a repeated act or event for it to be classified as a form of harassment. Under Arizona law, harassment doesn’t have to be physical in nature. It can be in the form of verbal aggression or any other form of altercation. Therefore, many things could be considered a type of harassment. If you need to file a petition for an Order of Protection or an Injunction Against Harassment in Arizona, we highly recommend the law offices of Robert A. Dodell, Attorney at Law. Take advantage of my 30 years of experience in both prosecution and defense.  

Orders of Protection and Injunctions Against Harassment in Arizona is republished from www.azcrimlaw.com

How Effective is Rule 11 in Arizona?

Rule 11 can be used in the state of Arizona if it is suspected that a defendant is mentally incompetent. However, there is some debate today if Rule 11 is truly effective in this state. Why is that? According to the ACLU (American Council of Civil Liberties), more than half of the population in Arizona prisons are actually suffering from mental disorders. That has led some to believe that Rule 11 doesn’t really apply or isn’t at all effect in this state.

What is a Rule 11 Hearing?

Simply put, a Rule 11 hearing in Arizona is a proceeding where a doctor will determine if a defendant is truly mentally incompetent to stand trial. To identify such a mental deficiency, the doctor will have to determine 2 things:

1. The defendant is really unable to understand the court proceedings that are being undertaken against him.
2. The defendant lacks the mental capacity to assist his own attorney with his defense in the proceedings.

The doctors who participate in the hearing will ask some probing and searching questions. They will ask the defendant to state what he understands is the role of the judge in the hearing. They will also ask if the defendant knows what the duties of the jury are. Other questions include a test of understanding for the role of both the defense and prosecuting attorneys. Here are a few sample questions:

• Do you understand what a jury trial is?
• What is your level of understanding of the current court proceedings?
• Do you understand what a plea agreement is?
• Are you aware of the charges made against you?

What Can a Defendant Do?

If you are the defendant in this case or if your loved one is, and it is suspected that Rule 11 applies in this situation, then you should talk to your defense attorney. The defense attorney will gather evidence of mental deficiency or determine if the required criteria are present. After that, a motion will be filed in court so that the defendant can be evaluated. The court will then send the defendant to two different doctors. The doctors will evaluate the defendant according to the procedure that was described above. After that, they will each render their own opinion. Their opinions will then be sent to court.

Agreement/Disagreement between Doctors’ Opinion

If the doctors agree that the defendant is competent to attend trial, then the defendant goes back to court. If their competency opinions are split, then the defendant will need to go to another doctor. The third doctor’s opinion will determine if the defendant goes back to court or not. If the doctors agree that the defendant is not competent then he or she could be sent a mental health institution for care. There is also the possibility that the doctors will believe the defendant is not competent ‘at the time of the trial’. However, in this case, they may determine that the defendant can be treated or educated and then restored to full competency. If that is the case, the defendant will be sent for treatment via therapy, education, or potentially through medication. This could last for up to 6 months, after which the defendant will be sent back to court and the judge will inquire how the restoration process is going. After successful restoration the defendant will have to answer for the charges.

Dusky v. United States

The US Supreme Court set out the scope of Rule 11 in this case. Dusky was a schizophrenic who was charged of kidnapping and rape. He was afterwards convicted, but the Supreme Court sent him back for retrial. The justices determined that a short mental status exam is not enough to determine competency. It is only fair that a full evaluation should be made. It should also be noted that people with mental illnesses can still be aware of the court proceedings and be able to consult with their attorneys in their defense. Note that Rule 11 can be used in the following proceedings:

• Entering a plea
• Standing trial
• Assisting a lawyer in one’s defense

Remember that having a mental illness is not a way for anyone to “play” the system. You can’t use it as an excuse so that you won’t have to answer for charges in court. However, if a defendant is truly mentally incompetent then Rule 11 may apply in the State of Arizona. If you believe that Rule 11 applies to you or a loved one, then you need competent legal advice from a lawyer with decades of experience in Arizona law. The law offices of Robert A. Dodell, Attorney at Law is experienced in handling many different criminal cases.    

The following article How Effective is Rule 11 in Arizona? was first published to Choose Robert Dodell Law Offices

Law Offices of Robert A. Dodell

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