Arizona Order of Protection

It is always better to be represented by an experienced and licensed Arizona attorney at any hearing concerning an Arizona order of protection. Our experienced lawyer will go to court with you to petition the Court to issue an order of protection or to contest a wrongfully obtained order of protection. We are experienced at representing clients in order of protection hearings in courts throughout Arizona.

We understand the serious personal impact an act of domestic violence has upon a family and take seriously the impact a false allegation of abuse has upon an innocent spouse’s personal relationship with his or her children, occupation, and, in some cases, freedom if subsequent criminal charges are filed.

Arizona Order of Protection - What You Need To Know

An order of protection may be issued by a Justice of the Peace or Superior Court Judge if an act of domestic violence has occurred or an order of protection is necessary to prevent an act of domestic violence from occurring in the future.

It is an unfortunate reality that domestic violence is a continuing problem for many spouses and children in Arizona. The laws in Arizona, however, provide powerful protective measures for victims of domestic violence, including civil orders of protection preventing contact between the parties and criminal statutes that can lead to the filing of serious criminal misdemeanor and felony charges.

It is also unfortunately true that some people attempt to manipulate and take advantage of the laws designed to protect victims of domestic violence by using orders of protection as a means to harass an innocent spouse, to wrongfully remove a spouse from a home, or to obtain an unwarranted advantage in a child custody case.

It is crucial for victims of domestic violence and those falsely accused of being abusive to understand the basics of the process of obtaining an order of protection. The process typically begins with the person seeking the order of protection filing a petition for order of protection with the clerk of the court. That petition is filed with forms obtained at the courthouse and is where the person seeking the order of protection informs the judge of the allegations justifying the request for the order of protection.

Once filed, the person seeking the order of protection is directed to a courtroom where he or she will see a Judge regarding that petition. The Judge will then review the petition and may question you regarding the incidents alleged in the petition. If the Judge is satisfied sufficient facts have been alleged to support the issuance of an order of protection, he or she will sign the order of protection, cause that order of protection to be filed with the clerk, will register that order with law enforcement, and will provide you with a copy of the order of protection signed by the judge.

You are then responsible for causing that order of protection to be served upon the other party, either through a private process server or a law enforcement officer. The order of protection is not effective against the other person until it is actually served on that person. All Arizona law enforcement officers are authorized to serve orders of protection and will be happy to assist you in serving the order. It is helpful to inform the law enforcement officer where the person lives, works, or is likely to be located to assist in serving that order as soon as possible. Although law enforcement officers should have an electronic record of the issuance of that order of protection, you should always keep a copy of that order of protection on you at all times.

If you have been served with an order of protection that was based upon false or materially misleading allegations, you have the right to request a hearing to contest that order of protection. A hearing must be scheduled within ten (10) days, unless the order of protection precluded you from returning to your residence in which case the hearing must be scheduled within five (5) days. The court will conduct a trial at that hearing, including the admission of testimony from both parties, testimony from other witnesses, and the submission of exhibits to the court. Both parties are entitled to be represented by an attorney at that trial. It is crucial to present all available evidence at that trial because you will not be provided with another opportunity to support or contest the order of protection.

Visit our AZ order of protection FAQS page for more detailed information on Arizona Orders of Protection and Arizona Orders of Protection laws.

Contact us today or call us at 480-305-8300 to schedule your consultation with AZ divorce attorney Christopher S. Hildebrand regarding an Arizona order of protection or any other Arizona family law matter.