How do I Get a Domestic Violence Order of Protection in Arizona?
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Recently updated on January 23rd, 2025 at 01:50 pm
In Arizona, an Order of Protection can be requested by your county court online, informing the other party, attending a hearing, and presenting evidence to support the request for the order. Initial paperwork can also be done in person at the court. The process involves filing a set of standard court forms issued by the Supreme Court of Arizona
An Order of Protection is a last warning for those abusing spouses, partners, cohabitating individuals, family members, and intimate or dating relationships, regardless of living arrangements. It requires the abuse to stop and the abuser to stay away and not contact the victims, or face criminal charges and jail time.
Under Arizona Revised Statutes (ARS) § 13-3601 a , domestic violence, or family abuse, happens when a family or household member does something violent, forceful, or threatening that causes physical harm or makes you fear for your safety. This includes actions like detention, stalking, sexual assault, or any crime that causes injury or makes you fear for your life or safety.
These orders have a fixed duration but can be extended if the threat persists.
Protective orders serve as a crucial tool in breaking the cycle of abuse and reclaiming control over one’s life. They offer a sense of security and support for individuals navigating difficult situations of domestic violence.
Different types of Protective Orders apply in situations of domestic violence, stalking, harassment, or situations where there is a credible threat to an individual’s safety.
If a person believes their situation qualifies for Order of Protection as defined in Arizona Civil Code, they can apply for one.
Step 1: Does my situation remotely resembles what’s needed for a Protection From Abuse Order
Criteria for Order of Protection
Domestic Violence is to stop abuse from a qualifying relationship
Abuse
- Intentionally or recklessly causing or attempting to cause bodily injury.
- Sexual assault.
- Threats or other behavior (even gestures) that placing someone in reasonable fear of imminent serious bodily injury.
- Engaging in behavior that could be described as harassment, stalking, destroying property, or disturbing the peace of the other party. “Disturbing the peace” includes coercive control, which can involve isolating, monitoring, or restricting someone’s freedoms.
Abuse is not limited to the actual infliction of physical injury or assault.
Qualifying Relationships for Domestic Violence
1. Spouse: A spouse or former spouse such as husband or wife, registered domestic partners
2. Cohabitants: Couples who are in a relationship and living together without the benefit of marriage are known as cohabitants under Arizona law. It does NOT include roommates without romantic relationship.
This term is defined in the Arizona Code Section 6209.
3. Past or Current Romantic Relationship: A person with whom the respondent is having or has had a dating or engagement relationship.
4. Coparent: A person with whom the respondent has had a child
5. Close Family: Parents, children, stepparents, and stepchildren. Siblings, grandparents, and grandchildren.
What if I am Under 18 years of Age
Yes, in Arizona, individuals under 18 can file for an Order of Protection, but the process requires a parent, guardian, or another responsible adult to file the petition on their behalf. This ensures that minors have access to legal protections while also involving a trusted adult to guide and support them through the process.
What if the abuser lives out of Arizona
A non-Arizona resident who abuses a Arizona resident may be subject to the state’s jurisdiction. That means that a Arizona court can make orders prohibiting a non-Arizona resident from further abusing a Arizona resident. Abuse committed by out-of-state parties subjects them to this state’s personal jurisdiction.
An act of abuse by a party in another state against a person in Arizona is subject to “special regulation” in this state and is sufficient to vest personal jurisdiction in the Arizona courts over the out-of-state party to enjoin any further such conduct.
Situation Examples
Example 1: Husband is sexually and verbally abusive, and controlling
My husband doesn’t allow me the option to say no to sex, and often that warning is not explicit but I know bad things will happen if I say no such as bullying, threats and immense tension. As a couple we have been having sex everyday for nearly two decades now. He verbally abuses me by calling me a whore if I don’t sleep with him. During this time he is intoxicated so I am fearful of having a discussion as his anger will quickly get out of control, and he will hurl things at home thereby inducing more fear in me. Such behavior has been going on for over a decade now so I am not sure about the date of the first incident now. One day I very carefully chose my words and mentioned that maybe we are not a right fit, and should seek counseling. He was enraged and threated me that he will utterly destroy me, my work reputation, and expose some minor things I did to the immigration authorities. Since about six months, I have been sleeping in a separate room. He comes there routinely and tries to sleep with me forcefully. Often times I feel that if I resist, or decline his advances that my reputation, our property, or even me life will me in danger. I feel little, humiliated and disgusted with myself.
Example 2: Boyfriend blackmails and destroys property to control and induce fear
Today, Michael was armed with a pistol and seemed to be under the influence of an unidentified substance. He made threats to create false narratives with the aim of jeopardizing my 28-year accounting career, stating he would falsely accuse me of engaging in illegal financial activities. His menacing statement, “if you mess with me, I’ll retaliate,” was accompanied by destructive actions, such as damaging property in my home, including creating a hole in the wall. Michael’s behavior becomes particularly alarming when he is under the influence of drugs.
Example 3: Ex-boyfriend stalks
Jenna’s ex-boyfriend shows up at Jenna’s work unexpectedly and drives around. Jenna is fearful, and had earlier clearly asked him to leave her alone.
There are a few different types of Protective Orders and typically only one of them may apply to your situation so it’s important to select the correct one.
Injunction Against Harassment This court order is aimed at protecting individuals from harassment or threats by someone who isn’t a family member. This order prohibits contact and specific behaviors. (Arizona Revised Statutes § 12-1809)).
Injunction Against Workplace HarassmentOnly an employer can ask for a workplace violence restraining order to protect an employee who has suffered stalking, serious harassment, violence, or a credible (real) threat of violence at the workplace. An employee cannot ask for this restraining order. (Arizona Revised Statutes § 12-1810)).
Gather Evidence
The first step is to gather the evidence to support your case. What proof do you need for an Order of Protection in Arizona. The following are examples to help you organize though anything that supports your claims can be used.
Criminal Case
A criminal case in progress shows that the district attorney also found evidence of the abuse or crimes and therefore supports your claims.
Photos
Photos of violence, injuries, damage
Messages
Print outs of messages, emails or transcripts of voicemail
911 Calls
For each call document the #, date, time, caller, callee details
Medical Records
Documentation of any medical emergencies or injuries or treatments resulting from abuser’s violence.
Police Report
Police reports filed against abuser for domestic violence.
Testimony
A testimony from a witness who can be a family member, neighbor a co-worker or a bystander, either in writing or in person at the hearing, describing the incidents witnessed.
Step 2: Get a copy of court forms
In order to apply for an Order of Protection, you need to fill and submit a specific set of official Arizona court forms. These have questions aimed at understanding your situation and the people involved.
Step 3: File with the County’s Court
Filing is the process which means the following steps
- Formally submitting the case documents at the court with the office of the clerk
- The clerk reviews and verifies the correctness of forms and completeness of the required info
- Clerk enters the case in the court database, stamps the documents and assigns a case #
County (Venue)
The proper venue for an Order of Protection case is the county where the abuse took place or where the restrained party lives. However, venue is a defensive motion and should be considered by the court only if the restrained party objects by filing a noticed motion for change of venue at or before the time of responding to the request.
Determine the Court
- Justice Courts: Justice Courts handle many civil and criminal matters, including Orders of Protection. If you and the alleged abuser live in the same general area, you may file in the Justice Court serving your precinct.
- Superior Court: If the case involves ongoing family court matters (e.g., divorce, custody, or paternity cases), you must file in the Superior Court. The Superior Court also handles cases where the alleged abuser is a minor.
- Municipal CourtsIf the alleged abuser resides in a specific city, you can file in the Municipal Court for that city.
In Maricopa County, Arizona, you can file for an Order of Protection at any of the following locations:
- Maricopa County Superior Court Address: 201 W. Jefferson St., Phoenix, AZ 8500
- Downtown Justice Court Address: 620 W. Jackson St., Suite 1045, Phoenix, AZ 85003
- San Tan Justice Court Address: 201 E. Chicago St., Chandler, AZ 85225
- Phoenix Municipal Court Address: 300 W. Washington St., Phoenix, AZ 85003
- Mesa Municipal Court Address: 250 E. 1st Ave., Mesa, AZ 85210
Identify the methods of Filing
Method # 1: In Person by visiting the court house
Your court location would accept the forms to be submitted in person at the court hours.
Tip: All courts have lunch hours when they are closed for an hour
When you submit your case documents at the court, typically you take 3 copies.
The clerks reviews it, and if everything is ok, they formally enter it into the court system and put a stamp near the top of the documents. That acceptance is called filing.
The stamp may look something like this:
Method # 2: E-file online
This is the most efficient option if you have an e-mail address and some basic computer skills like registering an account, and uploading PDF files.
Some counties now have one or more online portals where you create an account for free, and then you can upload documents and hit submit.
You will be required to some online service fees.
Method # 3: Via another person
Some counties accept filing via a friend or legal courier. These companies or individuals charge a flat or hourly fee and file the documents at the court.
Step 4: Judge Sets Hearing, Grant/Deny Preliminary Protective Order (PPO)
A judge reviews the case offline and then you will be notified by the court about the outcomes which are:
- Preliminary Protective Order Granted
- Preliminary Protective Order Denied
In addition the Judge would typically set a hearing. If the case doesn’t have sufficient evidence it might be dismissed without even a hearing.
The temporary order (if issued) is valid until the hearing i.e. typically about 3 weeks. If the hearing is delayed for any reason, you need to check with the court to ensure the temporary order is renewed until the hearing to provide you with legal protection.
Step 5: Serve a set of Stamped Case Forms including Hearing Notice to Abuser
Whenever one party initiates an Order of Protection it needs to inform or serve the other party formally by delivering the court documents. That step is called serving the respondent
Under the Arizona law there are multiple ways in which the other party can be served.
You cannot serve your papers yourself.
Option 1: Ask the Sheriff (FREE)
A sheriff or marshal can serve the opposing party for you which is a big help. This service is offered for FREE. To ask the sheriff to serve your papers, you must have an address or location for the other side (restrained person). If the other side is in jail, the sheriff can serve them. If the other side is in prison in Arizona, prison staff, not the sheriff, will serve your papers. Follow the instructions by the Arizona Department of Corrections and Rehabilitation for serving someone in prison
Option 2: Ask a friend, relative or any adult (FREE)
You ask someone you know to be your server
- 18 or over, and
- not part of your case
Think about safety when choosing your server. Get step-by-step instructions for how to have someone else, not the sheriff, serve your court papers.
Option 3: Hire a courier for legal papers (Process Server)
You can also hire a courier called professional process server. You can search on Yelp or Google to get a list of options near you. Yelp Example . An example is ABC Legal Services.
You cannot hire regular couriers such as UPS, FedEx or US Postal Service unless in exceptional scenarios where the judge authorizes service by mail, but that’s a whole different topic altogether.
Step 6: Present Evidence in a Court Hearing
Attend a hearing: The court holds a hearing within a couple of weeks where the evidence is examined. If there is sufficient supporting evidence as determined by a Judge, a full Order of Protection is issued. At this point it becomes a crime for the abuser to break the conditions of the Family Abuse Protective Order.
Step 7. Collect the Final Order
After the hearing, a final order may be issued. You can take a paper copy of the order with you. The order is typically valid for five years.
Costs – How much does it cost to get an Order of Protection
The cost for an Order of Protection are
- FREE forms : You can get the court forms for free, or prepare them using the guided experience below.
- FREE filing: There is no fees for filing in person. Online filing platforms may charge a E-filing fees
- FREE Serving the other party
How long does it take to get an Order of Protection from filing ?
You can get a temporary protection order the same day as you file.
Courts can have a cutoff of around 2 p.m. for the same day service, so you need to file before then. Otherwise, the order would be issued the following day when courts open.
Courts are generally open Monday-Friday and closed on Saturday-Sunday.
The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled in 2 weeks of filing.
At the hearing a formal order may be issued
Is an Order of Protection helpful?
The purpose of an Order of Protection is to restrict the contact or proximity of one person (the respondent or alleged perpetrator) to another person (the petitioner or victim) in order to ensure the safety and well-being of the petitioner.
The specific terms of an Order of Protection can vary depending on the circumstances of the case e.g. if the people live together then it might require one party to vacate the place.
Typically, an Order of Protection may prohibit the respondent from
- Approaching or contacting the petitioner including via text or social media
- Staying away from the usual places petitioner is at such as home, work or school
- Prohibit stalking, or surveillance of any kind
- In situations where they lived together, provide custody or access to
- Children
- Pets
- Important documents
- Personal items such as clothes, medications, cell phones
- Cars
- Extending the protections to others living with the petitioner
Research findings on benefits of Family Abuse Protective Orders
Here’s the top three findings from a study on domestic violence and Family Abuse Protective Orders from the University of New Hampshire
Reduce Violence
Protective Orders are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.
Cost Effective
They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.
Urban Vs. Rural
The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, the Family Abuse Protective Orders hold greater importance.
Risks of a Family Abuse Protective Order
It is conceivable that following the submission of a civil protection order, the abuser particularly in domestic violence situations may react with anger due to the perceived loss of control over you and your household. In certain instances, the abuser may portray themselves as the victim and shift blame onto the actual victim they were mistreating.
The response of your abuser after the filing of a protection order is unpredictable. While a Domestic Violence Protection Order (DVPO) can provide legal protection, one should not automatically assume that it guarantees safety. The initial weeks post-filing can be particularly precarious, contingent on your abuser’s reaction.
Despite the safeguards intended by a DVPO, abusers may retaliate through various means, such as:
- Physical assault or violence
- Harming or taking away children
- Damaging jointly owned property
- Disregarding the order and persisting with threats, possibly through intermediaries
- Inflicting harm or causing harm to pets
- Harassing your loved ones for information
- Engaging in stalking behavior
- Initiating a retaliatory Order of Protection against you
- Spreading false information about you in court documents, online, or publicly
Following the submission of a domestic violence Protection order, it’s important to continuously assess your situation and prepare for the potential escalation of your case into more violent territory.
WHAT RESTRICTIONS CAN YOU ASK THE JUDGE FOR
Here are the typical restrictions places on the abuser via the Order of Protection.
Stay Away From You
Abuser would have to stay at least 100 yards away from you, your children and locations you request such as your work
Not To Contact You
Not to contact you via phone or text or mutual friends
Not Stalk You
Not stalk you or your loved ones, including your accounts on facebook or other social media
Hand Over A Car
Get access to cars held by the abuser
Vacate The Shared Residence
The respondent can be asked to vacate the shared residence. You can also request help from police to kick them out.
Handover Passport, Cell Phone, Medications Etc.
You an ask for your personal items such as passport, medications, clothes. This would be applicable if you were living together up to now.
Don’t Post Intimate Images
Take down, delete, and do not distribute intimate images of a protected person
Restrict Abusive Litigation
This is to prevent the misuse of the legal system to harass, intimidate, or burden you.
Get Drugs, Mental Health And Sex Offender Treatment
You can request the abuser to seek treatment for alcoholism, drug use, domestic violence abuse
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