Arizona Protective Orders Laws
By Kit Yona, M.A. | Legally reviewed by Laura Temme, Esq. | Last reviewed December 18, 2024
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If you have an active Arizona order of protection against you, it's natural to wonder how it may affect your life now and in the future. Much of that will depend on you and your behavior.
Arizona has specific orders of protection available for many different situations. In this article, we'll provide an overview of the types of restraining orders before focusing on domestic violence protection orders. We'll examine how a protective order affects a criminal record, what charges an offender can face for violating a restraining order, and whether possession of firearms is affected.
For a deep dive into the different kinds of restraining orders and how they work, FindLaw's Arizona Domestic Violence Protective Orders article has you covered. Read on to learn about the potential consequences of Arizona orders of protection.
Types of Protective Orders
As the name indicates, Arizona protective orders are designed to offer victims a shield from further harassment and abuse. The order used depends on the relationship between the alleged abuser and the alleged victim. Other situational modifiers may apply as well.
Orders of protection are court orders that can be filed in any Arizona superior court, municipal court, or justice of the peace court. They contain provisions that instruct the subject of the order (defendant) of the things they must and must not do concerning the victim (plaintiff). No-contact and stay-away orders are standard inclusions. Orders of protection don't address child custody, parenting time, or divorce issues. Those are settled in family court.
There are five different types of protective orders available in Arizona. Let's take a look at each of them.
Order of Protection (OP)
An Order of Protection (OP) is issued in cases involving domestic violence. A qualifying relationship between the plaintiff and the defendant must exist for the issuance of an OP. The following meet the requirements:
Spouses
Former spouses
People in a romantic or sexual relationship
People who were previously 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
Parents, grandparents, children, grandchildren, siblings, step-children/step-grandchildren, or a family member related by a marriage (in-laws)
In addition to stay-away and no-contact provisions, OPs can contain conditions that include:
Granting exclusive use of a shared residence to one party (often the plaintiff)
Expanding no-contact and stay-away orders to include places of employment, schools, or other locations specified in the order
Ordering the seizure of the defendant's firearms and ammunition for the duration of the order
Requiring the defendant to domestic violence offender treatment programs
Awarded custody of any shared pets to the plaintiff
Granting any other requested relief if considered necessary
OPs last for two years and are renewable. Defendants are permitted one hearing during each two-year period to request a modification or quashing of the order.
Emergency Order of Protection (EOP)
An Emergency Order of Protection (EOP) is a version of an OP used when the courts are closed. It's authorized by a judicial officer and goes into immediate effect.
An EOP focuses on no-contact and stay-away provisions, although it can award temporary possession of a shared dwelling. EOPs last for a maximum of seven days and are intended to protect the plaintiff while they file for an OP.
Release Order
Release orders are used in counties that don't have a judicial officer on call for an EOP. Before a defendant accused of domestic violence is released, Arizona courts are required to issue conditional protections for the victim.
These are sent to the county sheriff, who alerts the victim to the defendant's release. Release orders focus on no-contact and stay-away provisions.
Injunction Against Harassment (IAH)
An Injunction Against Harassment (IAH) is used to protect victims who don't have a close, intimate relationship with their abuser that would allow an OP.
IAHs are common for disputes between strangers and neighbors but are also available for victims of sexual violence. They focus on forbidding further harassment through denying contact.
Due to the difference in the relationship between the plaintiff and the defendant, an IAH has a more limited scope for provisions than an OP. For example, housing orders aren't available in an IAH. An IAH lasts for a year.
Injunction Against Workplace Harassment (IAWH)
Employers may file for an Injunction Against Workplace Harassment (IAWH) on behalf of their employees. Unlike an IAW, an IAWH can cover several people or all employees at a workplace. It often protects against harassment by forbidding the defendant to come near or contact employees at the workplace.
No matter how you're involved with an Arizona restraining order, legal help is always a good idea. If you're ever feeling overwhelmed or in over your head about the terms of the order, speak with an Arizona domestic violence lawyer.
Arizona Order of Protection Consequences - What Happens Next?
When petitioning for an order of protection, the plaintiff carries the burden of proof. They face legal penalties if they're deemed untruthful in their claims. This is because the state of Arizona understands the effect a restraining order will have on the life of the defendant.
An order of protection may result from domestic violence charges, but it's not necessary for issuance. While we'll focus on how a domestic violence order of protection affects aspects of a defendant's life, some effects apply to other Arizona restraining orders as well. Anything involving no-contact or stay-away orders is universal.
Violation of an Arizona Order of Protection
If you're under a domestic violence OP, it's a good idea to follow the provisions. If you think you can prove that the order is unjust or that you have a legitimate claim to a dwelling granted under a provision, you can request a hearing for modification. However, a violation of the order isn't likely to go well for you.
Disobeying a court order is considered interfering with judicial proceedings. This is a violation of A.R.S 13-2810. Police can arrest you if they have good cause to believe you violated the order. This can include the plaintiff telling a law enforcement officer you did so. Violation is a Class A misdemeanor. Further, a conviction for domestic violence carries up to a year of jail time and a fine of up to $2,500.
You're also responsible for any crimes you committed during the violation. For example, if you're charged with assaulting the victim, the violation penalty is separate. A court can rule your sentences be consecutive instead of concurrent. Legal consequences of a violation include making it easier for the plaintiff to get a renewal of the OP.
Arizona Orders of Protection and Your Criminal Record
One of the first things many people under an OP want to know is if the order will show up on their criminal record. The simple answer is yes, even if you comply with the order. There's more to it than that, though.
A permanent OP - one that was issued after a court hearing and lasted for at least two years - is a court record. This means it's also a public record and is accessible through the court system. It may surface during a background check by a potential employer.
Law enforcement also has a copy on file, which will show up during a criminal background check. Temporary orders like EOPs and Release Orders stay on file with law enforcement, but they're not accessible through public records after they expire.
Arizona has a process for sealing criminal records, but this doesn't apply to an OP. The state also doesn't permit sealing records of convictions for dangerous or violent offenses.
Firearms and Arizona Orders of Protection
Arizona's gun control laws are among the most permissive in the nation. The state doesn't have an Extreme Risk Protective Order (ERPO) statute, also known as a "red flag" law. Permitless concealed carry is legal for anyone over the age of 21.
Despite this stance, the state of Arizona does have rules for the seizure of firearms in both domestic violence arrests and the issuance of an OP. Law enforcement can seize a weapon during a domestic violence incident if they are informed of its presence, given consent to search for it, or observe it in plain sight. They also must believe there's a danger of it being used.
Peace officers must supply a receipt for each firearm seized. All weapons confiscated must remain in police custody for at least 72 hours. Police are required to let the victim know when the firearms are released to the defendant.
An Arizona judge can include a provision in an OP calling for the seizure of all firearms and ammunition of a defendant. They must believe that the defendant is a credible threat to the safety of the plaintiff and others. If imposed, the defendant must surrender all firearms and ammunition within 24 hours.
Defendants can request a hearing for the return of their firearms. A hearing will take place within 10 days. Otherwise, they are banned from possessing or purchasing firearms for the duration of the OP. After the order expires or is quashed, they can retrieve their firearms from the law enforcement agency holding them.
In some instances, federal law will prohibit the defendant from owning or possessing a firearm if they are convicted of or under a restraining order for abusing their spouses. This law does not cover abuse between dating partners, and the defendant's gun ownership will not be restricted in this scenario.
Arizona Order of Protection Consequences - Summary
Laws surrounding orders of protection and the defendant's rights are confusing. The table below recaps useful information and provides links for further research.
Arizona Domestic Violence Order of Protection Code Statutes |
Arizona Revised Statutes Title 12 - Courts and Civil Proceedings Chapter 10 - Miscellaneous Special Actions and Proceedings
Title 13 - Criminal Code Chapter 9 - Probation and Restoration of Civil Rights
Chapter 28 - Interference With Judicial and Other Proceedings
Chapter 36 - Family Offenses
|
Penalties for Violation of a Domestic Violence Order of Protection in Arizona |
Violation of an Arizona domestic violence order of protection can result in criminal charges for disobeying or resisting the lawful order, process, or other mandate of a court. This is a class A misdemeanor with penalties of up to a year in jail and a fine of up to $2,500. This charge is in addition to any crimes committed during the violation. Charges for offenses such as criminal trespass, assault, or stalking will carry separate penalties. |
Visibility of Arizona Domestic Violence Orders of Protection on Criminal Records |
Any permanent domestic violence restraining order (order of protection) is a court record and thus a public record as well. It will show up on any criminal background check while active. Orders of protection can be sealed if there was no involvement of a knowing infliction of a serious physical injury. The record will still show up on a criminal background check if sealed, but not in public searches. Temporary restraining orders are available to law enforcement only and are removed when they expire. The availability of sealing depends on the severity of the crimes. There is a two-year minimum between the end of a sentence and when sealing is permissible. |
Disclaimer: Arizona laws change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most up-to-date information available, speak with an Arizona domestic violence attorney to confirm current state law.
Arizona Protection Order Consequences: Related Resources
Issues With a Protection Order in Arizona? An Attorney Can Help
Whether you're facing felony charges for domestic violence or the loss of your firearms for the violation of an order of protection, serious consequences await. Getting legal advice from an experienced attorney is a necessity. Speak with an Arizona criminal defense attorney for legal assistance.
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