Question 1

How do I get an order of protection in Arizona?

Accepted Answer

Getting an order of protection in Arizona

Any person may file a verified petition for an order of protection with a magistrate, justice of the peace, or superior court judge to restrain someone from committing an act of domestic violence, and any court in the state may issue or enforce it regardless of where the parties are located . The order is available where the parties' relationship fits one of the domestic-violence categories — current or former spouses or household members, persons with a child in common, a pregnancy by the other party, specified blood or marital relatives, certain related children in the household, or a current or former romantic or sexual relationship . If issued, the order can bar the defendant from committing domestic-violence offenses, grant one party exclusive use of the residence, prohibit contact and proximity to the plaintiff's home, workplace, or school, prohibit firearm possession on a finding of credible threat, require a treatment program, award custody of animals, and grant other relief proper under the circumstances .

An order of protection is a distinct remedy from an injunction against harassment, because the injunction-against-harassment statute expressly does not apply to protective orders against domestic violence .

How to file

- The petition must be written, verified, and state the plaintiff's name; the defendant's name and address (if known); specific allegations of domestic violence with dates; the parties' relationship and any pending maternity, paternity, annulment, legal separation, or dissolution action; any prior or pending proceedings about the same conduct; and the relief requested .
- No fee may be charged for filing the petition or for service of process, and courts must provide free forms for people without attorneys .
- The plaintiff's address and contact information are kept confidential and not listed on the petition or publicly disclosed except by court order .
- If the petitioner is a minor, a parent, legal guardian, or custodian files unless the court determines otherwise; if the petitioner is temporarily or permanently unable to request an order, a third party may request one, subject to the court's approval .
- If a divorce, separation, paternity, or similar action is pending between the parties, only the superior court may issue the order .

What happens after filing

The court reviews the petition and evidence, including electronic harassment evidence, and issues the order without a further hearing if there is reasonable cause to believe the defendant may commit domestic violence or has committed it within the past year (or a longer period for good cause, excluding time the defendant was incarcerated or out of state) . If relief is denied, the court may set a further hearing within ten days with notice to the defendant . The order takes effect when served on the defendant, expires two years after service, and lapses if not served within one year of issuance . The restrained party may request one hearing at no charge, which must be held within ten days (within five days if exclusive use of the home was awarded), after which the court may modify, quash, or continue the order . Violating the order subjects the defendant to arrest and prosecution for interfering with judicial proceedings .

Emergencies

When courts are closed, judges, justices of the peace, magistrates, or commissioners may issue emergency orders of protection by telephone (on a rotating basis in larger counties), where a peace officer states reasonable grounds to believe a person is in immediate and present danger of domestic violence . An emergency order can carry similar restraints, including a firearm prohibition, and expires seven calendar days after issuance unless continued .

Question 2

What counts as domestic violence under Arizona law?

Accepted Answer

Certain listed crimes committed between people in specified family, household, or romantic relationships — the definition an order of protection relies on.

Question 3

How do I get an injunction against harassment in Arizona?

Accepted Answer

You file a free verified petition with an Arizona court; it may be granted on reasonable evidence of harassment within the year before filing, or good cause to believe irreparable harm would otherwise result.