Mesa Orders of Protection Lawyer
An Order of Protection is a civil court order that can immediately remove you from your home, prohibit all contact with family members, restrict your parenting time, and eliminate your firearm rights—all based on allegations you haven’t had the opportunity to contest. These orders are issued “ex parte,” meaning the other party presents their side without you being present. Mesa residents facing Orders of Protection have the right to request a contested hearing to present their side of the story and challenge false or exaggerated allegations.
Attorney Josh Lopez represents clients throughout Mesa 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
Once served, an Order of Protection can:
- Prohibit all contact with protected person(s), including children
- Require you to leave your own residence immediately
- Establish temporary custody arrangements favoring the petitioner
- Prohibit possession of firearms (federal law makes this mandatory)
- Restrict you from certain locations (petitioner’s workplace, school, etc.)
Additional Provisions the Court May Order
- Exclusive use of residence — You must vacate shared home
- Temporary custody of children — Until family court addresses custody
- Child pickup/exchange arrangements — Specified safe procedures
- Property retrieval — Police-escorted opportunity to get belongings
- Vehicle use — Exclusive use of shared vehicle to petitioner
- Payment of rent/mortgage — You may still be required to pay
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 regardless of state
- Violation is a federal felony
Arizona Requirements
Orders of Protection may require:
- Surrender firearms to law enforcement within 24 hours
- Transfer firearms to licensed dealer
- Certification of compliance with the order
How Orders of Protection Are Obtained
Step 1: Petition Filed
The petitioner files an application with the court describing alleged domestic violence and their relationship to you.
Step 2: Ex Parte Review
A judge reviews the petition without you present:
- One-sided presentation of allegations
- No opportunity for you to respond
- Judge determines if criteria appear to be met
Step 3: Order Issued
If granted, the order is effective immediately:
- Served on you by law enforcement or process server
- Enforceable upon service
- Entered into statewide protective order database
Step 4: Your Right to Contest
You have the right to request a contested hearing:
- Must request within time specified (usually noted on the order)
- Hearing scheduled before the court
- Opportunity to present your defense
Contesting an Order of Protection
Your Rights at a Contested Hearing
- Present your version of events
- Testify on your own behalf
- Call witnesses to support your account
- Submit documentary evidence (texts, emails, photos, records)
- Cross-examine the petitioner
- Be represented by an attorney
Grounds for Contesting
No Qualifying Domestic Violence Act
- The alleged conduct didn’t occur
- Conduct doesn’t meet the statutory definition
- Insufficient evidence supports allegations
No Qualifying Relationship
- Relationship doesn’t meet domestic violence statute requirements
- Order of Protection isn’t the appropriate legal remedy
Self-Defense
- Your conduct was defensive in nature
- You were the actual victim
False Allegations
- Petitioner fabricated claims
- Motive to lie exists (custody advantage, divorce leverage)
- History of false accusations
- Inconsistent statements
Evidence to Gather for Your Defense
- Text messages and email communications
- Photographs and videos
- Witness statements from people who observed events
- Alibis and documentation
- Evidence of petitioner’s motive to fabricate
- Prior inconsistent statements by petitioner
- Medical records (if injuries alleged)
- Police reports from prior incidents
Strategic Misuse of Orders of Protection
Orders of Protection are sometimes filed strategically in divorce and custody disputes:
- Timing relative to divorce or custody filing
- Impact on residence — Gaining exclusive possession of marital home
- Custody advantage — Establishing primary physical custody
- Leverage in divorce negotiations
- Credibility — Creating record that affects future proceedings
Successfully contesting an unjust order removes these tactical advantages and protects your rights in related family court matters.
Violating an Order of Protection (ARS § 13-2810)
Criminal Penalties for Violation
| Violation | Classification | Penalty |
| First violation | Class 1 Misdemeanor | Up to 6 months jail |
| Second violation (within 12 months) | Class 1 Misdemeanor | Minimum 30 days jail (mandatory) |
| Third+ violation (within 60 months) | Class 5 Felony | Prison possible |
What Constitutes a Violation
- Any contact with protected person (direct or through third parties)
- Presence at prohibited locations
- Communication via phone, text, email, social media
- Contact through family members, friends, or intermediaries
- Failure to surrender firearms as required
- Return to residence if ordered to vacate
Critical Rule: No Contact Means No Contact
Even if the protected person initiates contact with you:
- You cannot respond
- Invited contact doesn’t authorize your response
- You must immediately leave if you encounter them
- Document any contact initiated by the protected person
Orders of Protection and Family Court
Impact on Custody Proceedings
Orders of Protection significantly affect family court:
- May establish temporary custody favoring petitioner
- Can limit your parenting time
- May require supervised visitation
- Judges consider protective orders in custody decisions
- Creates a record that follows you through proceedings
Protecting Your Family Court Rights
Successfully contesting a false or exaggerated Order of Protection:
- Removes custody presumptions against you
- Eliminates restrictions on your parenting time
- Prevents use as evidence of your “dangerousness”
- Protects your credibility in ongoing proceedings
Duration and Modification
Duration
- Valid for one year from date of service
- Can be renewed by petitioner before expiration
- Remains in effect until properly terminated
Dismissal or Modification
Either party may request:
- Dismissal of the order
- Modification of specific provisions
- Change based on new circumstances
Mesa Courts for Orders of Protection
Filing and Initial Orders
Orders of Protection in Maricopa County are typically filed with:
- Superior Court — Most common venue
- Justice Court — Some circumstances
- Municipal Court — Limited circumstances
Contested Hearings
Maricopa County Superior Court — Southeast Facility
222 E. Javelina Avenue, Mesa, AZ 85210
Most contested Order of Protection hearings for Mesa residents occur at the Southeast Regional Center.
Frequently Asked Questions
Can I contest an Order of Protection?
Yes. You have the absolute right to request a contested hearing where both parties present evidence and the judge makes a determination. You can present witnesses, documents, and cross-examine the petitioner.
What if the allegations against me are false?
Contest the order at a hearing. Present evidence disproving the allegations, demonstrate the petitioner’s motive to fabricate, challenge inconsistencies in their story, and present your version of events.
Will I lose my gun rights?
While subject to a qualifying Order of Protection, federal law prohibits you from possessing firearms or ammunition. This applies nationwide and violation is a federal felony. Successfully contesting the order or having it dismissed may restore your rights.
What if my ex contacts me first?
Do not respond. The order prohibits your contact, regardless of who initiates. If the protected person contacts you, immediately leave the situation and document what happened. Their contact doesn’t give you permission to respond.
How long does an Order of Protection last?
Orders are valid for one year from the date you were served. The petitioner can request renewal before expiration.
Can 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 specific provisions in your order and arrange through proper channels.
Contact a Mesa Orders of Protection Attorney
An Order of Protection affects where you live, your relationship with your children, your constitutional firearm rights, and your standing in family court proceedings. Whether you need to contest false allegations or ensure compliance with existing orders while protecting your interests, experienced legal representation matters.
Attorney Josh Lopez helps Mesa clients navigate Orders of Protection.
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Call (480) 386-1824 for a free consultation.