What Is an Order of Protection in Arizona?

An order of protection is a court order in Arizona designed to prevent domestic violence by keeping one person away from another. It is sometimes described as a restraining order, although Arizona law uses the term order of protection specifically for cases involving a domestic relationship, such as a spouse, former spouse, someone the person lives with or used to live with, a romantic or sexual partner, or a relative.

A judge can include several restrictions in an order of protection. These commonly include staying away from the protected person's home, school, or workplace, having no contact by phone, text, email, or through other people, and, in some cases, restrictions related to firearms. The order can last up to two years, and it can be renewed if the protected person asks the court before it expires.

An order of protection can also address temporary matters connected to safety. In some cases, the judge may grant the protected person exclusive use of a shared home, award temporary care or custody of a minor child to the protected person, or order the defendant not to harm or take a family pet. These provisions are temporary and do not decide the final outcome of any divorce or custody case, but they can provide breathing room while the family sorts out longer-term arrangements through the courts.

A judge may grant an order of protection the same day the petition is filed, without the other side present, when the written statement shows reasonable cause. This is sometimes called an ex parte order. A hearing must still be scheduled so both sides can be heard, and the defendant has the right to ask for that hearing. Because the order takes effect once served, understanding service rules and hearing timelines is important for both parties.

It is important to understand that an order of protection is a civil order, but violating one can lead to criminal charges. Both the person seeking protection and the person named in the order benefit from understanding the terms clearly. Anyone in immediate danger should call 911.

Related reading: What Is an Order of Protection in Arizona?

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This article is general information, not legal advice. It does not create an attorney-client relationship.