Fraud Blocker Arizona Orders of Protection - Phoenix, AZ Criminal Defense Attorney & Law Firm - The Law Office of Joshua A. Lopez, LLC

Joshua A. Lopez, Esq.
Send Us a Message Trusted Criminal Defense Attorney Serving Scottsdale, Phoenix, and Maricopa County Smart Defense. Strong Results. Attorney Josh 480-386-1824

Arizona Orders of Protection

An Order of Protection is a civil court order designed to protect victims of domestic violence. Under ARS § 13-3602, these orders can prohibit contact, require the defendant to leave a shared residence, and restrict firearm possession. While Orders of Protection serve an important protective function, they can also significantly impact your rights—including where you live, contact with your children, and Second Amendment rights. Understanding the process for obtaining, contesting, and complying with these orders is essential.

Attorney Josh represents clients throughout Arizona facing Orders of Protection.

What Is an Order of Protection?

Purpose

Orders of Protection are designed to:

  • Prevent domestic violence
  • Protect victims and family members
  • Establish legal boundaries
  • Provide law enforcement tools for intervention

Who Can Obtain an Order of Protection

Under ARS § 13-3602, a person may request an Order of Protection against someone with whom they have a qualifying domestic relationship:

  • Spouse or former spouse
  • Person currently or formerly residing in same household
  • Person with whom they have a child in common
  • Person related by blood or marriage
  • Person currently or formerly in romantic or sexual relationship
  • Victim of domestic violence (specific acts)

Orders of Protection vs. Injunctions Against Harassment

Order of Protection Injunction Against Harassment
Requires domestic relationship No relationship required
Based on domestic violence act Based on harassment
ARS § 13-3602 ARS § 12-1809
More protective provisions Limited provisions

How Orders of Protection Are Obtained

Step 1: Petition Filed

Petitioner files application with:

  • Superior Court
  • Justice Court
  • Municipal Court
  • Tribal Court

Petition describes the alleged domestic violence act(s) and relationship.

Step 2: Ex Parte Review

Judge reviews petition without defendant present:

  • One-sided presentation
  • No opportunity to respond initially
  • Judge determines if criteria met

Step 3: Order Issued (If Granted)

If granted, order is effective immediately and:

  • Served on defendant (respondent)
  • Enforceable upon service
  • Entered into statewide database

Step 4: Service on Defendant

Defendant receives:

  • Copy of the order
  • Copy of the petition
  • Notice of hearing date
  • Information about rights to contest

Step 5: Hearing (Contested)

If defendant requests hearing:

  • Both parties present evidence
  • Cross-examination allowed
  • Judge makes final determination

Domestic Violence Acts (ARS § 13-3601)

An Order of Protection requires allegation of a domestic violence act:

  • Assault / Aggravated Assault
  • Threatening or Intimidating
  • Harassment
  • Stalking
  • Criminal Damage
  • Endangerment
  • Criminal Trespass
  • Kidnapping
  • Custodial Interference
  • Unlawful Imprisonment
  • Sexual Assault
  • Disorderly Conduct (certain subsections)
  • Interfering with Judicial Proceedings
  • Surreptitious Recording/Photographing
  • Unlawful Distribution of Images

What an Order of Protection Can Prohibit

Standard Prohibitions

  • No contact with protected person(s)
  • Stay away from protected person’s residence, workplace, school
  • No harassment, threatening, or intimidation
  • No possession of firearms (federal law applies)

Additional Provisions (If Granted)

  • Exclusive use of residence — Defendant must leave shared home
  • Custody provisions — Temporary custody arrangements
  • Child/pet pickup arrangements — Specified exchange procedures
  • Property retrieval — Police-escorted property pickup
  • Vehicle use — Exclusive use of shared vehicle
  • Payment of rent/mortgage — Continued housing payments

Firearms Prohibition

Federal Law (18 U.S.C. § 922(g)(8))

While subject to a qualifying Order of Protection:

  • Cannot possess firearms or ammunition
  • Cannot purchase firearms
  • Applies nationwide
  • Violation is federal felony

Arizona Law

Orders of Protection may require:

  • Surrender of firearms to law enforcement
  • Transfer to licensed dealer
  • Certification of compliance

Violating an Order of Protection

ARS § 13-2810: Interfering with Judicial Proceedings

Violating an Order of Protection is a crime:

First Violation:

  • Class 1 Misdemeanor
  • Up to 6 months jail
  • Up to $2,500 fine

Second Violation (within 12 months):

  • Class 1 Misdemeanor
  • Minimum 30 days jail
  • No suspension or probation for first 30 days

Third+ Violation (within 60 months):

  • Class 5 Felony
  • Prison possible

What Constitutes a Violation

  • Any contact with protected person (including through third parties)
  • Presence at prohibited locations
  • Communication via phone, text, email, social media
  • Contact through family or friends
  • Failure to surrender firearms
  • Return to residence

No-Contact Means No Contact

Even if the protected person initiates contact:

  • You cannot respond
  • Invited contact doesn’t authorize response
  • Document any contact by protected person
  • Immediately leave if encounter occurs

Contesting an Order of Protection

Your Right to a Hearing

You have the right to contest the order at a hearing where:

  • You can present your version of events
  • You can cross-examine the petitioner
  • You can present witnesses
  • You can submit documentary evidence
  • You can be represented by an attorney

Grounds for Contesting

No Qualifying Relationship

  • Relationship doesn’t meet domestic violence statutory definition
  • Order of Protection isn’t appropriate remedy

No Domestic Violence Act Occurred

  • Alleged conduct didn’t happen
  • Conduct doesn’t constitute qualifying act
  • Evidence doesn’t support allegations

Self-Defense

  • Your conduct was justified self-defense
  • You were the actual victim

False Allegations

  • Petitioner fabricated claims
  • Motive to lie (custody, divorce advantage)
  • Inconsistent statements

Evidence to Gather

  • Text messages and communications
  • Photographs and videos
  • Witness statements
  • Alibis and documentation
  • Evidence of petitioner’s motive
  • Prior inconsistent statements

Orders of Protection and Family Court

Impact on Custody

Orders of Protection affect family court proceedings:

  • May establish temporary custody
  • Can limit parenting time
  • May require supervised visitation
  • Judges consider orders in custody decisions

Strategic Considerations

Orders are sometimes filed strategically in divorce/custody:

  • Timing relative to divorce filing
  • Impact on residence and custody
  • Leverage in negotiations

Successfully contesting an unjust order removes these impacts.

Duration and Modification

Duration

  • Valid for one year from service date
  • Can be renewed before expiration
  • Remains in effect until properly served (even if defendant avoids service)

Modification

Either party may request modification:

  • Change in circumstances
  • Adjust provisions
  • Extend or terminate

Dismissal

Order may be dismissed:

  • At petitioner’s request
  • After successful contested hearing
  • By court order

Frequently Asked Questions

How long does an Order of Protection last?

Orders are valid for one year from the date of service. The petitioner can request renewal before expiration.

Can I contest an Order of Protection?

Yes. You have the right to request a hearing where both parties present evidence. The judge will determine whether to uphold, modify, or dismiss the order.

What if my spouse/partner contacts me first?

You still cannot respond. The order prohibits YOUR contact, regardless of who initiates. If the protected person contacts you, leave and document what happened.

Will I lose my gun rights?

While subject to a qualifying Order of Protection, federal law prohibits possessing firearms or ammunition. This applies even if Arizona didn’t order surrender.

Can I be arrested for accidentally running into the protected person?

Accidental encounters aren’t intentional violations, but you should immediately leave the area. Document the circumstances in case allegations arise.

How do I get my belongings from the house?

If you were ordered to vacate a shared residence, the order may provide for police-escorted property retrieval. Follow the order’s specific provisions.

What if the allegations are false?

Contest the order at a hearing. Present evidence disproving the allegations, demonstrate the petitioner’s motive to lie, and cross-examine about inconsistencies.

Orders of Protection Defense Throughout Arizona

An Order of Protection affects your residence, family relationships, and constitutional rights. Whether you need to contest an unjust order or ensure compliance with existing orders, experienced representation matters. Attorney Josh helps clients throughout Arizona navigate Orders of Protection.

Phoenix Office:
 2601 N 3rd Street, Suite 301
 Phoenix, AZ 85004

Scottsdale Office:
 6991 East Camelback Rd, Suite D-300
 Scottsdale, AZ 85251

Call (480) 386-1824 for a free consultation.