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Thoreau (T-USA)
Thoreau (T-USA), Lawyer
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How does the Restraining Laws work in Arizona

Resolved Question:

How does the Restraining Laws work in Arizona
Submitted: 4 years ago.
Category: Family Law
Expert:  Thoreau (T-USA) replied 4 years ago.
I assume you're wanting to know about restraining orders.
What is it that you want to know?
Are you wondering how a person gets a restraining order?
Customer: replied 4 years ago.
Our daughter-in-law has kicked out our Son from their home numerous time. As of today, she is planning to get a restraining order and take their 2 young children out of the state. Can she get this accomplished?
Expert:  Thoreau (T-USA) replied 4 years ago.
On what basis is she planning to get the restraining order?

Edited by T-USA on 6/1/2010 at 1:00 AM EST
Customer: replied 4 years ago.
That we do not know. When she told him to leave, he pack a bag and left. She doesn't want him near the babies. The babies have been with us for 2 days now and she called him to drive them home. We aren't sure what steps she is going to take next.
Expert:  Thoreau (T-USA) replied 4 years ago.

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His next step should be to immediately retain an attorney. Leaving the marital home can compromise a parent's position in a custody matter. He will want to retain an attorney immediately so that his attorney can evaluate the matter and, if the attorney deems necessary, take a proactive approach to seeking visitation or temporary custody.

She may not have a basis for a restraining order unless there's an issue of domestic violence, harassment, etc. If none of those conditions exist, his attorney may be able to prevent a restraining order from issuing.

When he seeks custody or visitation, his attorney can ask the court to prohibit the mother from relocating the children as well. However, unless a court order to the contrary is issued, a mother can relocate a child given the proper notification. An Arizona law firm has published an article about child relocation at the link below.

Child Relocation in Arizona
http://www.bishoplawoffice.com/CM/PracticeAreaDescriptions/Relocation-Move-Aways.asp

Restraining Orders in Arizona
http://www.womenslaw.org/laws_state_type.php?id=11326&state_code=AZ

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Sincerely,
T-USA

_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Customer: replied 4 years ago.
Are restraining orders different in each state. We would like to know if indeed she can leave the state with these children?
Expert:  Thoreau (T-USA) replied 4 years ago.

Please Note: I receive no salary or hourly wage. I do not get paid anything at all unless you click Accept. Clicking Accept simply applies your current deposit to this question and will not result in additional charges to your credit card. If you are a monthly subscriber to JustAnswer, clicking accept does not cost you anything additional. Please click Accept when you are pleased with the quality of the response so that I am compensated for responding to your question.

Please read my previous post. I addressed your question there. If you have any questions or need further explanation, I'm happy to provide further explanation.

Restraining orders do vary by state. That's why I sent you a link to an article about restraining orders in Arizona and explained domestic orders of protection (restraining orders for people who are in intimate relationships).


A parent can relocate the children provided she gives proper notice. The other parent may then object to attempt to prevent the relocation.

Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T-USA

_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

Thoreau (T-USA), Lawyer
Category: Family Law
Satisfied Customers: 9176
Experience: Attorney
Thoreau (T-USA) and 4 other Family Law Specialists are ready to help you

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