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FAQ - Domestic Violence and Harassment

In the fall of 2024, the Arizona Department of Child Safety (DCS) mailed letters to parents who once had an open dependency and/or severance case.

Did you receive a letter? Visit the DCS letter page for more information.

Can I get my abuser thrown out of our house?

Yes.  If the judge decides that there is reason to believe physical abuse will occur, the plaintiff may be granted exclusive use of the home in an Order of Protection. However, the order only applies to the defendant

If the plaintiff and defendant are renting and the plaintiff is NOT on the lease, the landlord does not have to allow the plaintiff to stay in the residence if they are not on the lease. However, if the plaintiff IS on the lease, the landlord may not evict them for a domestic violence incident.

NOTE: The court may allow the defendant to return one time to the residence, with a law enforcement officer, to retrieve personal belongings.

Resources:

Protective Order Information

Legal Info Podcast

Protective Order FAQ

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