Chandler Orders of Protection Lawyer

An Order of Protection can immediately remove you from your home, prohibit all contact with family members or partners, restrict your parenting time, and eliminate your firearm rights—all based on allegations you haven’t had opportunity to contest. These orders are issued “ex parte,” meaning without your input or presence. For Chandler’s professionals holding security clearances, Orders of Protection create serious career implications beyond the immediate restrictions.

Attorney Josh Lopez represents clients throughout Chandler facing Orders of Protection.

→ For comprehensive Arizona Order of Protection information, see: Arizona Orders of Protection

What an Order of Protection Can Do

Immediate Restrictions

Upon service of an Order of Protection:

• Prohibit all contact with protected person(s)—direct or indirect
• Require you to leave your own residence immediately
• Establish temporary custody arrangements for children
• Prohibit firearm possession under federal law
• Restrict locations you can visit (school, workplace, church)
• Affect parenting time and visitation schedules

Additional Provisions

• Exclusive use of shared residence
• Temporary custody of minor children
• Police-escorted property retrieval only
• Temporary vehicle use
• Payment of rent or mortgage
• Other relief the court deems necessary

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Federal Firearms Prohibition

18 U.S.C. § 922(g)(8) — Critical Consequence

While subject to a qualifying Order of Protection:

• Cannot possess any firearms or ammunition
• Cannot purchase firearms from any source
• Applies nationwide in every state
• Violation is a federal felony with years in prison

This prohibition takes effect immediately upon service and remains for the duration of the order.

How Orders of Protection Are Obtained

Step 1: Petition Filed

The petitioner files an application describing alleged domestic violence and the relationship with you.

Step 2: Ex Parte Review

A judge reviews the petition without you present—you have no opportunity to respond at this stage.

Step 3: Order Issued

If the judge finds allegations sufficient, the order is granted immediately and effective upon service.

Step 4: Service

You are served with the order, typically by law enforcement. You must immediately comply with all terms.

Step 5: Your Right to Contest

You have absolute right to request a contested hearing where you can present your side and challenge the allegations.

Contesting an Order of Protection

Your Rights at Contested Hearing

At a contested hearing, you have full due process rights:

• Present your version of events through testimony
• Testify on your own behalf
• Call witnesses with relevant information
• Submit documentary evidence (texts, emails, photos, videos)
• Cross-examine the petitioner
• Be represented by an attorney

Grounds for Contesting

Common grounds for challenging Orders of Protection:

• No qualifying domestic violence act occurred
• Relationship doesn’t qualify as “domestic” under Arizona law
• Self-defense — You were defending yourself
• False allegations — Petitioner has motive to fabricate
• No reasonable fear — Claimed fear isn’t objectively reasonable
• Factual inaccuracies — Specific allegations are false

Preparing for Your Hearing

Effective preparation includes:

• Gathering contradicting evidence (texts, emails, photos)
• Identifying witnesses who support your version
• Documenting inconsistencies in petitioner’s claims
• Preparing timeline of relevant events
• Organizing evidence for presentation

Possible Outcomes

After contested hearing, the court may:

• Quash the order — Remove it entirely
• Modify the order — Change specific provisions
• Affirm the order — Keep it in place as issued
• Extend the order — In some circumstances

Impact on Family Law Matters

Custody and Parenting Time

Orders of Protection affect family proceedings:

• May establish temporary custody arrangements
• Can restrict parenting time
• Affects pending divorce proceedings
• Creates presumptions in custody matters

Divorce Proceedings

Orders interact with divorce cases:

• May affect property division
• Can impact spousal support considerations
• Creates documented history
• Affects negotiating position

Professional Consequences

Security Clearance Impact

Orders of Protection affect security clearances:

• Must be disclosed to security officials
• Firearm prohibition conflicts with many positions
• Questions about judgment and stability
• May affect clearance status during pendency

Employment Consequences

• May affect positions requiring clearances
• Creates record of domestic conflict
• Firearm prohibition affects some positions
• Must be disclosed per many employer policies

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Violating an Order (ARS § 13-2810)

Criminal Penalties for Violation

What Constitutes Violation

Many actions can violate an Order of Protection:

• Any contact with protected person—in person, phone, text, email
• Presence at prohibited locations (home, work, school)
• Communication via any medium, including social media
• Contact through others — Having friends or family pass messages
• Failure to surrender firearms as required
• Accidental contact may still result in violation charges
• Responding to contact initiated by protected person

Critical Point: Even if the protected person contacts you first or invites contact, you cannot respond. The order restricts YOUR conduct regardless of what the other person does.

Defenses to Violation Charges

• No knowledge of the order (not served)
• Contact was truly accidental and unavoidable
• No actual violation occurred
• Protected person initiated and you did not respond
• Emergency circumstances justified contact

Chandler Courts

Maricopa County Superior Court — Southeast Regional

Location: 222 E. Javelina Avenue, Mesa, AZ 85210

Most Orders of Protection affecting Chandler residents are filed and heard here. Both initial filings and contested hearings typically occur at this location.

Duration and Modification

How Long Orders Last

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

Requesting Modification

Either party may request modification:

• Changes to specific provisions
• Adjustment of protected locations
• Modification of custody arrangements
• Changes to contact restrictions

Requesting Dismissal

The protected person can request the order be dismissed, but:

• Court has discretion to deny request
• History of reconciliation and re-abuse considered
• Safety concerns may override request

Practical Considerations

Shared Children

When children are involved:

• Exchange arrangements must be coordinated
• Third-party exchange may be required
• Parenting time may be supervised
• School and activity coordination needed

Shared Property

When you share property:

• May need police escort to retrieve belongings
• Property division complicated by order
• Cannot return even if your name is on deed/lease
• Financial obligations may continue

Frequently Asked Questions