If you are the victim of domestic violence, you may be able to obtain an Order of Protection to protect yourself and other loved ones. Arizona law provides a relatively straightforward process to obtain an order of protection.
This article explains what an order of protection is, how orders of protection are obtained, and what to expect from the court process so that you can make the best decision for you and your family.
What is an order of protection?
An order of protection (commonly referred to as an “OOP”) is a court order intended to protect people who have experienced or are likely to experience domestic violence perpetrated by someone with whom they share a close relationship.
In Arizona, an order of protection can:
- Prohibit someone from contacting you
- Require someone to stay away from designated places such as your home, school, or workplace
- Protect your children or other household members
- Prohibit the perpetrator from possessing firearms
Orders of protection are civil court orders, but violations of an order of protection is a criminal offense pursuant to A.R.S. § 13-2810.
Order of protection vs. Injunction against harassment
Orders of protection and injunctions against harassment are functionally very similar. Both are types of restraining orders intended to protect individuals from violence, threats, and/or harassment. The main difference is the relationship between the protected individuals and the alleged perpetrator.
For an order of protection, the parties must have a qualifying domestic relationship:
- Married now or in the past
- Live in the same household now or in the past
- Parents of a child in common
- Romantic or sexual relationship
- Family relationship
An injunction harassment may be available when no qualifying relationship exists (i.e. neighbors, coworkers, acquaintances).
Legal grounds for an order of protection
To obtain an order of protection, you must show that the defendant committed or is likely to commit an act of domestic violence. Domestic violence is very broadly defined under Arizona law to include physical violence, threats, harassment, cruelty to animals, property damage, stalking/trespass, custodial interference, and more.
Generally, Arizona courts only consider acts of domestic violence committed within the past year. Strictly speaking, courts do have discretion to extend that period to consider domestic violence occurring more than a year before filing, it just is not something that you can depend on, so it can be important to act quickly in these situations.
How to file for an order of protection
The first step to obtain an order of protection is filing the petition. This can be done at any Municipal Court, Justice Court, or Superior Court location. If you and the defendant have a family court case, the petition for a protective order must be filed with the Superior Court that is handling the family court case.
You can view the form petition for order of protection online and complete it in advance. When completing the form, it is very important to be specific and comprehensive when it comes to your description of what happened. Without sufficient detail, the judge may deny your petition. Additionally, if a protective order is issued and later contested, you will be limited to presenting evidence to support the allegations in your petition. This means that if there were other incidents of violence that you did list, the court will not be able to consider those.
We strongly recommend consulting with one of our experienced family lawyers prior to filing an order of protection. We can answer any questions you have about the petition or process and ensure that your petition is completed correctly.
What happens after you file?
Any time after the order of protection is served and before it expires, the defendant can request a hearing to contest the order of protection. When a defendant contests an order of protection, an evidentiary hearing (trial) will be set within ten calendar days from the date of the request or five calendar days when the protective order removes the defendant from their residence.
At the trial, both parties will present evidence and testimony and a judge will decide whether to affirm (uphold), modify, or dismiss the order of protection. As mentioned before, evidence presented at the hearing must be limited to the allegations in the petition.
Order of protection hearings create court orders with serious consequences that can impact employment, child custody, and firearm ownership rights. Arizona courts have discretion to impose sanctions against either party, including ordering a party to pay the other party’s attorney’s fees and costs if they believe either party acted inappropriately in the proceedings.
It is strongly recommended to hire an experienced attorney to represent you at the hearing.
Common questions about orders of protection
Do I need an attorney to file for an order of protection?
No, you can obtain an order of protection without an attorney. But the process becomes more complicated if the defendant contests the order of protection. We recommend that you consult with an attorney prior to filing and we strongly recommend hiring an attorney if you anticipate the defendant will contest the protective order.
How long are protective orders effective?
Under Arizona law, most orders of protection are effective for two years after they are served.
Are there permanent orders of protection?
Yes, pursuant to A.R.S. § 13-719, lifetime orders of protection may be issued against defendants convicted of certain types of felony domestic violence.
Can non-permanent orders of protection be renewed?
Yes, you can request renewal any time before your order of protection expires. The court will then hold a hearing to give the defendant an opportunity to prove that renewal is unnecessary.
Is there any filing fee?
No, there are no filing fees to obtain an order of protection.
Will an order of protection impact my divorce or child custody case?
Maybe. Orders of protection upheld after an evidentiary hearing can constitute findings of domestic violence that can impact legal decision-making and parenting time.
How do I get more information about protective orders?
You can use the resources listed below or visit our protective orders webpage for more information.
Domestic violence resources
National Domestic Violence Hotline
24/7 confidential support: 1-800-799-SAFE (7233) (TTY: 1-800-787-3224)
Advocates also available via online chat at thehotline.org
Arizona Sexual & Domestic Violence Helpline (ACESDV)
Support, referrals & advocacy: (800) 782-6400 or (602) 279-2980
Text/SMS support: (520) 720-3383
Arizona Domestic Violence Shelter & Support Organizations
Sojourner Center — Phoenix / Maricopa County
24-hour helpline: (602) 244-0089
A New Leaf / Faith House — Glendale / West Valley
Emergency shelter & transitional services: (480) 890-3039
New Life Center — Goodyear / Maricopa County
Shelter & advocacy: (623) 932-4404
Against Abuse / La Casa & Tres Casitas — Pinal County (Casa Grande)
Shelter & advocacy: (520) 836-1239 / (520) 836-0858 (24hr)
Family Advocacy Centers (Maricopa County)
Offer victim advocacy, crisis support, and assistance with protective orders:
- Phoenix – (602) 534-2120
- Mesa – (480) 644-4075
- Glendale – (623) 930-3720
- Scottsdale – (480) 312-6300
Conclusion
If you or your family are facing violence, threats, abuse, or harassment, you are not alone. We can help you obtain an order of protection that can provide immediate legal safeguards and peace of mind.
Contact our office today for a confidential consultation to discuss your options and get the protection you deserve.
