I have a question regarding domestic violence and order of protections. Is this considered an act of domestic violence?

Asked about 2 years ago - El Mirage, AZ

My fiance has had a troubled relationship with her mother. Her mother has tried to intimate her into committing marriage fraud, she used my fiance to commit mortgage fraud and forged her name. Her mother has confronted the both of us where we live and has called my fiance and text her obsessively even after my fiance told her to leave her alone. She even called the police on us to do a false welfare check. So my fiance got a protection order and included me on the order. Her mom contested the order and today was the hearing. Her mom blamed everything on me and even had my ex wife show up. We showed the Judge everything including a copy of the text messages and the forged document. The Judge refused to hear about everything but the texts, and tossed out the order.

Attorney answers (3)

  1. Jeff Adrian Biddle

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . It does not sound like there has been an act of domestic violence. I agree that this woman is annoying at best. You might want to contact your cell phone provider and see if you can pay to block her number from incoming calls and texts. I have several friends that have done this and I have, too. It is well worth the $5/month that I pay for the service. Typically, the person being blocked is an ex of some sort. I'm sorry that the person annoying you is someone that you might have to deal with for quite some time.

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  2. Harry J Lenaburg

    Contributor Level 12

    2

    Lawyers agree

    Answered . Mr. Biddle make a good point about blocking the number from your phones.

    At a hearing on an order of protection most judges are looking to the specific allegations made in the petition filed to obtain the order of protection. This may have been why this particular judge was only interested in the texts, because the other incidents or issues were not stated in the petition.
    Arizona Revised Statuts section 12-1809 provided the grounds for an injunction against harassment. You and your fiance may want to explore that remedy, rather than the order of protection route. You woould be well advised to consult with an experienced atorney in your area to review this situation.

  3. Patrick S Sampair

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Harassment and domestic violence are not the same thing, although committing harassment when an Order of Protection is in place likely would be a violation of the Order of Protection. An Order of Protection requires that domestic violence either has or is likely to have occurred.

    Sometimes, lower court judges will include a 3rd party adult as a protected person when asked to do so in a Petition for Order of Protection, but on hearing, that third person is almost always removed from the Order of Protection. Superior Court judges generally will require each adult requesting protection to file their own request for an Order of Protection or Injunction Prohibiting Harassment.

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