Domestic Violence and Orders of Protection Brochure

Domestic Violence & Orders of Protection

Mohave County
Attorney’s Office
Victim/Witness Program
(928) 718-4967
325 Pine St., Kingman, AZ 86401
P.O. Box 7000, Kingman, AZ 86402-7000

Domestic violence and emotional abuse are behaviors used by one person in a relationship to control the other. Partners may be married or not married; heterosexual, gay, or lesbian; living together, separated, or dating. Although emotional, psychological, and financial abuse are not always criminal behaviors, they are forms of abuse and can lead to criminal violence.

ORDERS OF PROTECTION

An Order of Protection (a type of restraining order) is a Court Order signed by a Judge which prohibits or restricts an offender from contacting you if you are a victim. The Order may limit the offender’s communication with you or require that the offender stay away from you. Orders of Protection are valid for 12 months from the date it is served on the offender.

If you are involved in court proceedings for a divorce or a custody matter, you can obtain an Order of Protection from the Superior Court. Other types of orders are issued by City Courts or Justice Courts.

All Orders must be delivered in person, or “served,” to the offender. This can be done by a private process server for a fee, or by a local Police Department or Sheriff’s Office free of charge. After an Order has been served, the server files an Affidavit of Service with the Mohave County Sheriff’s Office. This verifies that the offender has been notified of the Order and allows law enforcement agencies to determine if the offender does anything to violate the order.

Keep a copy of the Order of Protection with you at all times. Provide copies of the Order to your employer, landlord, schools and childcare providers. It is essential that you immediately report any violations of the Order to law enforcement so the criminal justice system can provide you and your family with the protection you need.

The offender/Defendant has the right to challenge the Order if he/she disagrees with it by requesting a hearing in the same Court that issued the Order. The request can be made at any time while the Order is in effect and the hearing will be held within 5 to 10 business days after the request has been filed with the Court. The Court will contact you, by phone or by mail, when the hearing is scheduled. Make certain the Court has your current phone number and mailing address.

At this hearing, you will need to present evidence that will support the statements made in your Petition. Evidence may include: witnesses, police reports, medical records, text/email messages, or any other supporting evidence. Each individual piece of evidence is called an exhibit. After you have gathered your evidence, make a list of your exhibits for reference during the hearing. Make 3 copies of each exhibit and the Exhibit List and bring them with you to the hearing.

SAFETY PLANNING

Abuse comes in many forms – physical, emotional, sexual and financial. It is important that you make plans now to keep you and your children safe in the event you find yourself in an abusive situation. The following information can help you develop a safety plan of action.

At Home

  • Do not allow yourself to become trapped in rooms with weapons or only one exit (i.e. a kitchen, bathroom, etc.).
  • Talk with your children about safe places to hide or where to go for help. Consider teaching them a code word that you can use that signals them to call 911 in situations where an abuser may be present.
  • Set up an emergency signal with trusted friends and neighbors that will alert them to call for help.
  • Place important papers (such as birth certificates, custody papers, bank account information, identification and/or citizenship information, insurance cards, social security cards and school records) in a safe location.
  • Pack a bag with items you will need if you need to leave quickly, such as clothes, medicines, toys, cash, etc. Keep the bag in a safe, easily accessible place.
  • Make copies of all important keys.

At Work

  • Notify your employer of the situation.
  • Provide building security personnel with a photograph of the abuser and a copy of your Order of Protection.
  • Screen your calls.
  • Request an escort to your car or public transportation.
  • Vary the route you take home.
  • Consider purchasing an extra cell phone for your car.
  • Carry a whistle/noise maker or personal alarm.

At Children’s School

  • Notify the school of the situation.
  • Let school administration know to whom your children can be released.
  • Provide the school with a photograph of the abuser.
  • Tell school personnel not to divulge your address or phone number to anyone without your approval.

DOMESTIC VIOLENCE EARLY LEASE TERMINATION

Arizona law allows tenants who are the victims of domestic violence to terminate a rental agreement without incurring penalties. In order to do this, the tenant must:

  • Provide a copy of a protective order that has been issued to the tenant. The landlord may also request a receipt of a signed statement that the order has been submitted to an authorized officer of the court for service.
  • Provide a copy of a written departmental report from a law enforcement agency stating that the tenant notified the agency that he or she is a victim of domestic violence.

A tenant who is a victim of domestic violence may also require that a landlord install new locks, rekey existing locks or replace the entire mechanism to the tenant’s dwelling if the tenant pays for the cost of installing, changing, or replacing the locks.

For complete information regarding early lease termination for domestic violence victims, please refer to A.R.S. § 33-1318.

If you need assistance with completing the forms for an Order of Protection or have additional questions, please contact the Mohave County Attorney’s Office Victim/Witness Program at (928) 718-4967.

RESOURCES

Advocacy Centers

  • HAVEN Family Resource Center
    2174 McCulloch Boulevard
    Lake Havasu City, Arizona 86403
    (928) 505-3153
  • Interagency Council
    1940 Mesquite Avenue
    Lake Havasu City, Arizona 86403
    (928) 453-5800
  • WestCare
    821 Hancock Road #2
    Bullhead City, Arizona 86442
    (928) 763-1945

Shelters

  • Kingman Aid to Abused People (K.A.A.P)
    1770 Airway Avenue
    Kingman, Arizona 86401
    (928) 753-6222
    Crisis: (928) 753-4242
  • Angel Manor
    (928) 757-7929
  • Diana’s House
    (928) 692-7771
  • Sally’s Place
    (928) 855-5320
  • Safe House for Women
    (928) 763-7233
  • D.O.V.E. Center
    (435) 628-0458

Legal Resources

  • Community Legal Services
    2701 Andy Devine Avenue #400
    Kingman, Arizona 86401
    (928) 681-1177

Hotlines

  • National Domestic Violence Hotline
    (800) 799-7233
  • National Sexual Assault Hotline
    (800) 656-4673

Other Services

  • Western Arizona Council of Governments
    208 North 4th Street
    Kingman, Arizona 86401
    (928) 753-6247
  • Cornerstone Mission
    3049 Sycamore Avenue
    Kingman, Arizona 86401
    (928) 757-5312
  • Department of Child Safety
    519 East Beale Street
    Kingman, Arizona 86401
    (928) 753-5056
    Hotline: (888) 767-2445
  • Adult Protective Services
    519 East Beale Street
    Kingman, Arizona 86401
    (928) 753-5040