Resource for a Recourse: Online Resource Center for Survivors of Abuse

ARIZONA : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Under Arizona law, domestic violence is defined as:(actual or attempted) of one or more of the following acts between "family or household members":

threatening words or conduct
physical assault, such as hitting or kicking
intimidation
harassment by phone and in person
stalking
endangerment
unlawful imprisonment
kidnapping
criminal trespass
criminal damage
disobeying a court order
custodial interference
abuse to a vulnerable adult or child
certain crimes against children, and/or
disorderly conduct, such as fighting, reckless display of a dangerous instrument, discharge of a deadly weapon, and/or abusive language

"Relationship requirements" must be met in order to warrant the issue of an Order of Protection. To issue an Order of Protection, the abuser must be:

Related to you by blood
Married or formerly married to you
Related to you by marriage (former in-laws DO NOT meet the relationship requirement)
A resident of the same household as you.
A same-sex partner or former partner who lived in the same household as you
Your child(ren)'s parent (applicable to pregnancy as well as living children)
Related to you through court order (such as adoption).
A resident of the same household and you are a minor who is related:

by blood to a former spouse of your abuser. For example, your abuser is your ex-stepdad.
OR
to a person who resides or has resided in the same household as your abuser. For example, your abuser is your mother's live-in boyfriend.

You can also file for an Order of Protection on behalf of someone else if:

You are the parent, legal guardian, or person who has legal custody of a minor or incapacitated person who is a victim
The victim is either temporarily or permanently unable to request an order.

Types of protective orders:

There are two types of Orders of Protection in the state of Arizona. They are:

A "Permanent" Order of Protection:

A "permanent" Order of Protection can be issued only after a court hearing in front of a judge. It lasts for one year after it is served on, or given to, your abuser. This is true even if the order is modified during that one-year period.

Emergency Orders of Protection (EOP):

Emergency Orders of Protection are designed to protect people in immediate and present danger of domestic violence. A judicial officer can grant an EOP orally or in writing. The EOP is valid only until the close of business on the day after it is issued. You should file for a "permanent" Order of Protection from the Court before the Emergency Order expires. To get an EOP, contact a law enforcement officer; he or she will help you get one.

Only counties that have a population of 150,000 or more are required to have emergency Orders of Protection available. To date, these counties include Maricopa, Mohave, Pima, Pinal, Yavapai, and Yuma. Smaller counties, while they may offer EOPs, are not required to offer them.

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Benefits:

The object of an Order of Protection is for the police to be able to help you before your abuser harms you again. Any violation of the order is considered a crime.

In an Order of Protection, a judicial officer may order your abuser:

to cease and desist all contact with you of any sort, anywhere; this includes telephone calls, letters, messages through someone else, personal contact, visits to or near your residence, place of employment, or school.
to move out of a shared residence
to relinquish any firearms in his possession
not to have contact with a child
not to have contact with other persons (such as relatives, friends or a babysitter); depending on the circumstances, the court may require these other persons to get their own protection order.

Whether a judicial officer orders any or all of the above depends on the facts of your case.

During your Order of Protection case, a Judge will not:

decide issues of child custody, visitation or support payments,
divide marital or jointly owned property, or
decide guilt or innocence in a pending criminal case.

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Costs:

There is no fee for filing an Order of Protection in Arizona. If you choose, you can represent yourself pro se (without a lawyer) throughout the process of seeking a protective order. Although you do not need legal counsel to file, it may be to your advantage to seek representation, especially if your abuser has obtained a lawyer, and/or when child custody issues are at stake.

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Violations:

Call the police immediately if you believe your protection order has been violated. Any failure to observe all provisions of the order constitutes a violation on the part of your abuser. In such an instance, call the police immediately; tell them that you have an order and that your abuser is in violation of it. Police should typically make an arrest if there has been a violation, and they can do so without a warrant if the violation was reported within 12 hours of its occurrence. If no arrest is made, the officer must put in writing the reasons why.

It is beneficial to take down the name and badge number of the officer who arrives on scene, so that you may follow up on your case. Even if your abuser is not arrested, filling out a police report is important. Legal documentation of all violations provides a stronger case for an extension or modification of your existing order.

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