Arizona Protective Orders Laws
A restraining order or protection order is a legal document issued by a judge to protect the health and safety of a person who's alleged to be a victim of domestic violence. Specifically, a domestic violence protection order is a civil order that provides protection from physical or sexual harm caused by force or threat from a family or household member. Most states, including Arizona, have laws designed to help victims of domestic violence get some relief through protection orders.
This article provides a brief overview of Arizona protection order laws.
What Can a Protection Order Cover?
To obtain a domestic violence protection order in Arizona, the plaintiff and defendant must have a particular relationship. While the laws outline specific relationships, it generally includes people related by blood or marriage, those living in the same household, those in a dating relationship, and people who have a child in common.
When issuing a protection order, a court may:
- Enjoin the defendant from committing a domestic violence offense;
- Grant one party the use and exclusive possession of a residence that's rented or owned by the parties;
- Restrain the defendant from contacting the plaintiff or other specific people;
- Prohibit the defendant from buying or possessing a gun;
- Order the defendant to complete a domestic violence offender treatment program; or
- Grant the plaintiff the exclusive custody, care, or control of an animal that's owned by the parties.
It's important to be aware that the court will issue protection orders based on the specific circumstances of a case. For example, if the court doesn't find that the defendant poses a credible threat to the physical safety of the plaintiff, it won't prohibit the defendant from owning or buying a gun. 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. However, this law does not cover abuse between dating partners, and the defendant's gun ownership will not be restricted in this scenario.
Arizona Protection Orders: At a Glance
While an important source of information, statutes are often written in "legalese," which can take time to sort out and understand. That's why it can help to also read a summary of the statute. The following table describes the main provisions of Arizona's domestic violence protection orders and provides links to relevant statutes.
Arizona Revised Statutes Title 13, Chapter 36:
|When Will a Court Issue a Domestic Violence Protection Order?
After reviewing the petition and any evidence that's been submitted in support of the petition, a court will issue an order of protection if there's reasonable cause to believe that the defendant:
|When Will a Protection Order Not Be Granted?
A court will not grant an order of protection:
Note: State laws are always subject to 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 current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Arizona Protection Orders: Related Resources
For more information and resources related to this topic, please click on the links below.
Get Legal Help with a 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. Learn more by meeting with an experienced domestic violence attorney in Arizona today.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.