AZ Order of Protection FAQS

What are the different kinds of Orders of Protection in Arizona?

An Order of Protection is an Order issued by a judge prohibiting an abusive person from having contact with the victim of the abuse and/or his or her children. The following represent the five general categories of protective orders available in Arizona:

1. An Order of Protection;
2. Emergency Order of Protection;
3. Release Order;
4. Injunction Against Harassment;
5. Injunction Against Workplace Harassment.

What is an Order of Protection in Arizona?

A person who has been abused or who believes he or she, or a child under his or her supervision, is at risk of being a victim of domestic violence or has been a victim of repeated acts of harassment is eligible to seek an Order of Protection or an Injunction Against Harassment.

An AZ Order of Protection prohibits a person from contacting the person who obtained the Order of Protection and, therefore, is designed to prevent additional acts of domestic violence. The Order of Protection may also provide for other protective measures, including ordering the removal of firearms from the home, preventing the defendant from having contact with other protected persons (i.e., such as children), and granting the person seeking the Order of Protection with the exclusive use of the marital home.

What is an Emergency Order of Protection in Arizona?

An Emergency Order of Protection is an Order of Protection granted by a judge in writing, verbally, or telephonically to protect a person who is in imminent danger of domestic violence. An Emergency Order, however, is only valid until the close of the next day of judicial business following the day the Emergency Order was issued. The presiding judge of the Superior Court is required to ensure a judge is available to issue Emergency Orders when courts are otherwise closed.

What is a Release Order and how is it similar to an Order of Protection in Arizona?

Arizona statutes require that a person being released from jail for committing an act of domestic violence shall be subject to release orders that protect the alleged victim from domestic violence, including preventing the person from having any contact with that victim. The court must then forward a certified copy of that order to the sheriff who keeps a central repository of all such release orders that allows for the simple verification of such orders by all law enforcement officers.

What is an Injunction Against Harassment in Arizona?

An Injunction Against Harassment is a court order that orders a person to stop harassing the person seeking the injunction. Injunctions are used to stop disputes between neighbors, strangers, and/or individuals who are only dating. In Arizona, harassment is defined as a series of acts over a period of time that is directed at a specific person. Unlike Orders of Protection, an Injunction Against Harassment cannot be used to obtain exclusive use of a home.

What is the Injunction Against Workplace Harassment in Arizona?

The Injunction Against Workplace Harassment is a relatively new type of protective order in Arizona that permits an employer or agent of an employer to file for a protective order to protect all employees at the employer’s place of business. The term harassment for the purpose of obtaining an Injunction Against Workplace Harassment includes a single threat or act of physical harm or damage or a series of acts over a period of time that would cause a reasonable person to be seriously alarmed or annoyed. An Injunction to Prohibit Harassment, however, may not be used as a means to prohibit free speech or other activities that are constitutionally or otherwise protected by law.

What is the relationship test in Arizona and how does that test affect obtaining an Order of Protection?

A relationship test is used to determine whether a person must seek an Order of Protection or an Injunction to Prohibit Harassment in Arizona. In order to obtain an Order of Protection, the abusive party must have one of the following relationships with the person seeking the Order of Protection:

1. A spouse or former spouse;
2. A parent of a child common to the parties;
3. Lives or has lived with you in the same household;
4. Related by blood or court order as the Plaintiff’s parent, grandparent, child, grandchild, brother, or sister;
5. Related by marriage as a parent-in-law, grandparent-in-law, stepchild, step-grandchild, brother-in-law, sister-in-law, stepparent or step-grandparent;
6. A person who resides or who has resided in the same household with a child. The child must be related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.

There is, however, no relationship requirement to obtain an Injunction Against Harassment. If the parties do not have one of the relationships included in the relationship test, an Injunction Against Harassment is the correct form of protective order.

How is a protective order obtained in Arizona?

You may file a petition for an Order of Protection or Injunction Against Harassment in any superior court, municipal court, or justice court, regardless of where you reside in Arizona. Generally, any court in Arizona may issue an Order of Protection or Injunction Against Harassment subject to the following exceptions:

1. If two courts are located within a one mile distance, then one court can be designated as the court which issues protective orders;
2. A person who has filed a petition for divorce, legal separation, paternity or annulment with the Superior Court must file his or her protective order in the same Superior Court in which the underlying action is pending.

What steps do I need to take to obtain a protective order in Arizona?

You will need the name, aliases, date of birth, social security number, physical description, address, and information regarding any other location where the defendant may be contacted. You should also be prepared to list the dates the domestic violence occurred and be prepared to describe those events in detail, or be prepared to describe why you believe domestic violence will occur in the future.

Do I have to put my address on the Petition to obtain a protective order in Arizona?

You may request that your address be made confidential by the court. You may be required to fill out a separate court form to allow the court to retain your address to enable the court to contact you regarding your protective order.

May a minor child obtain an Order of Protection or Injunction Against Harassment?

Generally, a person seeking a protective order must be an adult. However, the court is allowed to issue a protective order if the judge determines the minor is seeking a Protective Order to protect himself or herself from the child’s parent or the parent or guardian is otherwise unavailable to request the protective order on behalf of the minor.

May I list other people, such as my children or other family members, on the Petition for Order of Protection or Injunction Against Harassment?

You may include children, other family members, or friends in your Petition for Order of Protection or Injunction Against Harassment. The court, however, may require the other persons to request their own protective orders. You should be aware that a protective order does not establish child custody or visitation rights which may only be established by filing the appropriate pleadings in the domestic relations division of the Superior Court.

How long will the Order of Protection or Injunction Against Harassment be in effect?

An Order of Protection or Injunction Against Harassment must be served within one year of the date it is issued. It is good for one year from the date of service on the defendant.

What are the consequences in Arizona if the defendant violates the protective order?

A defendant cannot violate a protective order unless the defendant has first been served with that protective order. A violation that occurs after the defendant has been served is a violation of the Arizona criminal code any may result in an arrest and the filing of misdemeanor and, in some circumstances, felony criminal charges.

May an Arizona Order of Protection or Injunction Against Harassment be changed or modified?

Either the person who obtained the protective order or the person who is subject to that protective order may file a request to modify or quash the protective order or to modify any of the terms of that order.

Will the court order the defendant to be removed from a common residence?

A judge is allowed to order the removal of the defendant from the plaintiff’s home if the judge determine there is reasonable cause to believe physical harm may result if the plaintiff is not granted the exclusive use and possession of that residence. The judge may, however, allow the defendant to return to the residence under the supervision of the police to retrieve his or her personal property.

Can the court dismiss and/or modify an Order of Protection or Injunction Against Harassment after it is issued?

A protective order is valid for one year after it is served. A defendant may request a trial to contest the protective order if the request is made while the protective order is still in effect. A modified order must be served again upon the defendant.

When may a person retrieve a firearm that was ordered to be surrendered to law enforcement by an Arizona protective order?

A judge may order a defendant to turn over his or her firearms if the judge finds the defendant poses a credible threat to the plaintiff or other protected person. The person subject to such an order must surrender his or the firearms to a local law enforcement agency. You may, however, request the return of your firearms after the protective order expires or may seek a hearing before that order expires to allow you to obtain the return of your firearms.

How do I obtain my clothes and personal belongings after been removed from a common residence by an Arizona protective order?

A person served with a protective order may return to the residence under the supervision of a law enforcement officer to collect his or her personal items and clothing. You should be aware, however, that law enforcement officers are not able to resolve disagreements regarding which items of property belong to which party.

What can I do if the Arizona protective order prevents me from having contact with my children?

Protective orders should not be used to resolve child custody or parenting time disputes. If a protective order has been issued that impacts your relationship with your children, you have three available options:

1. Request a hearing to modify the protective order;
2. Arrange parenting time through a neutral third person if the protective order does not specifically prohibit you from having contact with your children;
3. You may file a domestic relations matter in the Superior Court to establish, modify, or clarify your parenting time rights.

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