Arizona Domestic Violence Protection Orders

Domestic violence occurs when one household or family member commits an abusive act against another. Arizona has systems in place to protect victims from further abuse and offer them a way to escape a dangerous situation. The most common way of accomplishing this is with a protection order, also referred to as a restraining order.

This article will help you understand the important aspects of Arizona domestic violence protection orders. You'll learn about what they can do, the conditions necessary to request one, and the different types available. Understanding how Arizona protection order laws work can do more than give you peace of mind - they can offer the opportunity for a better life.

Orders of Protection in Arizona: How They Work

Domestic violence charges in Arizona are often attached to other criminal offenses as opposed to standing alone. For example, someone who physically assaults their spouse might be charged with assault as well as domestic violence. Protective orders are a safety plan designed to prevent abuse from happening again.

An Order of Protection (OP) is a court order that prohibits a specific person from going near the home, worksite, or other location of someone who they have allegedly abused.

Domestic violence can take many forms, such as emotional abuse, sexual abuse, physical harm, control-based abuse, financial deprivation, and neglect. In Arizona, the two people involved must have one of the following relationships for the abuse to qualify as domestic violence:

• Spouses or former spouses

• The defendant and victim are or were in a romantic or sexual relationship

• Persons who reside in the same household and are intimate

• Persons who reside in the same household but aren't intimate

• Parents of a child together

• One person is pregnant by the other party

• Parent, grandparent, child, grandchild, siblings, step-child/step-grandchild, or related by a marriage (in-laws)

If your situation doesn't qualify as one of the relationships listed, you can petition for either an Injunction Against Harassment (IAH) or an Injunction Against Workplace Harassment (IAWH) instead. All forms of protective orders in Arizona and other legal information are available at the AZPOINT site.

How To Get an Order of Protection in Arizona

When filling out your petition on AZPOINT (Arizona Protective Order Initiation and Notification Tool), you'll need to provide the following information:

• Your name (you'll provide other contact information such as address and phone number, but they will be kept private)

• The defendant's name and address

• A statement listing instances of abuse and the dates they occurred (While AZPOINT has ten spaces available, only the top five instances will be used due to reporting limits from some districts)

• The relationship between you and the defendant

• Listing of the court through which any previous protection order was sought and/or granted

• The type(s) of relief you're requesting

You can only name one defendant in an OP. If you wish to have an OP against more than one person, you must fill out multiple petitions. There is no fee for using AZPOINT.

After entering your petition for an order of protection, you have 90 days to file in person at your municipal court. Once you're given a court date, a law enforcement agency will give a copy of the order to the defendant via service of process. You can check with the agency for confirmation of the date of service.

At your court appearance, you'll present your request to a judge. The defendant can be present and file a counter OP. The judge will decide whether or not to issue an OP based on whether they believe, given the evidence, that:

• The defendant is capable of committing an act of domestic violence against the petitioner

• The defendant has committed an act(s) of domestic violence against the petitioner within the past year (or longer)

If the court issues an OP, it will be in effect for two years (OPs issued before September 24, 2022, were valid for one year).

The OP can set out any of the following terms and others approved by the court:

• The defendant can't violate the terms of the OP

• The court can decree that one party gets use of a shared residence - the defendant can pick up their belongings during a scheduled appointment while accompanied by a member of law enforcement

• The defendant cannot contact the petitioner at their place of employment, school, or other locations

• If the court feels the defendant is a risk, it can order the seizure of the defendant's firearms and ammunition

• The defendant must attend any required domestic violence offender treatment programs

• The petitioner may be granted any requested relief

• The petitioner may be awarded custody of any shared pets

The defendant has the right to ask for a contested court hearing once the OP is in effect. This will take place between five and 10 days after the defendant's written request is filed. The reasons can vary from custody orders for a minor child to dividing assets.

Both sides may bring witnesses, have law enforcement officers who responded to the incident testify, and present evidence. If the petitioner fails to show up for the contested hearing, the judge may quash the OP.

Other Types of Arizona Protective Orders

In addition to OPs, IAHs, and IAWHs, Arizona has two other types of protective orders. Emergency Orders of Protection (EOP) can be issued when the courts are closed. Once law enforcement requests an OP, the police contact a judge on duty. After speaking with the petitioner, the judge decides whether or not to grant an EOP.

EOPs are only enforceable for seven days. The victim should still fill out a petition for an OP on AZPOINT to begin the process of trying to get a standard OP.

Release orders offer emergency protection for victims of domestic abuse. When a person arrested for a crime that includes a domestic violence charge is released, a release order includes conditions that the accused must obey. This spans from the moment of their release up to the trial.

Victims of domestic abuse can also make use of the Address Confidentiality Program (ACP). This routes mail from a legal substitute address to the victim's actual address, hiding their location from their abuser.

On the federal level, protection for some domestic violence victims can be found in the Violence Against Women Act (VAWA). Among other aspects, it forbids domestic violence abusers from crossing state lines to contact their victims.

Arizona Domestic Violence Protection Orders: Summary

The table below recaps what you learned above and includes links to statutes for domestic abuse protection orders in Arizona.

Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot measures, and other means. While we strive to provide the most current information available, an Arizona domestic violence attorney can explain how the current law applies to your situation and help you through the process.

Arizona Domestic Violence Protection Orders: Additional Information

• Arizona Domestic Violence Laws

• AZPOINT (Arizona Protective Order Initiation and Notification Tool) - For all Arizona protective orders

• Arizona Family Laws

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)

• Serving Orders of Protection - Arizona Sheriff Departments

• Orders of Protection - Maricopa County Superior Court

• Domestic Violence FAQ

Get Legal Help With a Domestic Violence Protection Order in Arizona

Feeling safe is an important aspect of life, and being afraid of a spouse or family can destroy your sense of security. If you're the victim of domestic violence, it's a good idea to discuss your options when it comes to protecting yourself from further harm.

Consider speaking with an experienced domestic violence attorney. They can offer you legal advice, make sure you're getting the protection you need, and represent you in court if necessary.