Phoenix Order of Protection Lawyer

An Order of Protection can be issued against you before you have any opportunity to tell your side of the story. Under ARS § 13-3602, Arizona courts can grant these orders based solely on the petitioner’s written allegations—without notice to you, without a hearing, and without any requirement that evidence be presented.

Once served, an Order of Protection immediately restricts your conduct: where you can go, who you can contact, whether you can return to your own home, and whether you can possess firearms. Violating the order—even accidentally—is a criminal offense that can result in arrest and jail time.

If you have been served with an Order of Protection in Phoenix or Maricopa County, you have the right to request a hearing and contest the order. Understanding the legal process and the defenses available is essential to protecting your rights.

Attorney Josh Lopez represents respondents in Order of Protection proceedings throughout the Greater Phoenix area, helping clients contest unfounded orders, prepare for contested hearings, and avoid the serious consequences of protective order violations.

How Orders of Protection Work in Arizona

Orders of Protection are governed by ARS § 13-3602. Unlike criminal charges—which require probable cause, arrest, and prosecution—protective orders can be obtained through a simple civil petition filed at the courthouse. This streamlined process is designed to provide quick protection for alleged victims, but it also means orders can be issued based on one-sided allegations.

Who Can File for an Order of Protection

Under ARS § 13-3602(A), a person may file for an Order of Protection if they claim to be the victim of an act of domestic violence or if they reasonably fear imminent physical harm from someone with whom they have a domestic relationship.

Domestic relationships include:

• Spouses or former spouses
• Persons who currently or previously resided together
• Persons who have a child in common
• Persons related by blood or court order (parent, grandparent, child, grandchild, sibling)
• The victim’s child or a child who resides in the victim’s household
• Persons currently or previously in a romantic or sexual relationship

If no domestic relationship exists, the petitioner must instead file for an Injunction Against Harassment under ARS § 12-1809, which has different requirements and procedures.

The Ex Parte Order Process

The typical Order of Protection process proceeds as follows:

Step 1: Petition Filed

The petitioner completes a form alleging that an act of domestic violence occurred or that they reasonably fear imminent physical harm. No evidence is required—only the petitioner’s written statement.

Step 2: Judicial Review

A judge or judicial officer reviews the petition. If the allegations, taken as true, establish grounds for an order, the judge may grant the order immediately. This is called an “ex parte” order because it is issued without the respondent (you) being present or notified.

Step 3: Service

The order is served on you by a law enforcement officer or process server. The order becomes effective immediately upon service. From that moment, you are legally bound by all restrictions in the order.

Step 4: Your Right to a Hearing

Once served, you have the right to request a hearing to contest the order. The hearing must be requested within the timeframe stated on the order (typically requiring the request within a short window and the hearing held within 10 days of the request).

Step 5: Contested Hearing

If you request a hearing, both parties appear before a judge. The petitioner must present evidence supporting the order; you have the right to cross-examine, present your own evidence, and testify. The judge then decides whether to affirm, modify, or dismiss the order.

If you do not request a hearing, the order remains in effect for one year.

What an Order of Protection Can Restrict

Orders of Protection can impose significant restrictions on your daily life. Under ARS § 13-3602(G), an order may:

Prohibit Contact

• Direct contact: No in-person meetings, phone calls, text messages, emails, or letters
• Indirect contact: No contact through third parties, social media, or mutual friends
• Electronic contact: No contact through any electronic means

Even responding to contact initiated by the petitioner can be considered a violation.

Exclude You From Locations

• The petitioner’s residence — even if you own the property or are on the lease
• The petitioner’s workplace
• The petitioner’s school
• Other specific locations identified in the order

Grant Temporary Custody

If minor children are involved, the order may:

• Grant the petitioner temporary custody
• Establish or restrict parenting time
• Prohibit contact with the children except as specified

These custody provisions are temporary and can be modified by the family court, but they take immediate effect upon service.

Require Firearms Surrender

Under both Arizona law (ARS § 13-3602(G)(4)) and federal law (18 U.S.C. § 922(g)(8)), an Order of Protection can:

• Prohibit you from possessing firearms or ammunition
• Require you to transfer firearms to a licensed dealer, law enforcement, or another person
• Require proof of transfer within 24 hours of service

Federal law makes it a crime to possess a firearm while subject to a qualifying protective order, carrying penalties of up to 10 years in federal prison.

Other Provisions

The court may also order:

• Payment of court costs and attorney fees
• Completion of counseling programs
• Maintaining existing insurance coverage
• Any other relief necessary to protect the petitioner

Emergency Orders of Protection

In addition to standard Orders of Protection, Arizona law provides for Emergency Orders of Protection (EROPs) under ARS § 13-3624. These are typically issued at the scene of a domestic violence incident when courts are closed.

How EROPs Are Issued

• A law enforcement officer requests the order from an on-call judicial officer
• The request is based on the officer’s observations and the alleged victim’s statement
• The order can be issued over the phone without any written petition

Duration and Effect

An Emergency Order of Protection:

• Takes effect immediately upon service
• Expires at the close of the next business day the court is open
• Can include the same restrictions as a standard Order of Protection
• Can be converted to a standard Order of Protection if the petitioner files a petition before the EROP expires

If you are served with an EROP, you must comply immediately. The short duration does not reduce the seriousness of violations.

Consequences of Order of Protection Violations

Violating an Order of Protection is a criminal offense under ARS § 13-2810 (Interfering with Judicial Proceedings). The consequences escalate with repeated violations.

Criminal Penalties

Violation	Classification	Maximum Penalty
First violation	Class 1 Misdemeanor	6 months jail, $2,500 fine
Second violation within 7 years	Class 6 Felony	1.5 years prison
Third+ violation within 7 years	Class 5 Felony	2.5 years prison

What Constitutes a Violation

You can be arrested for a violation if you:

• Contact the petitioner directly (call, text, email, in-person)
• Contact the petitioner indirectly (through friends, family, social media)
• Go to a prohibited location (petitioner’s home, workplace, school)
• Possess a firearm or ammunition when prohibited
• Fail to surrender firearms as ordered
• Violate any other specific provision of the order

Intent matters, but accidents can still lead to arrest. If you inadvertently encounter the petitioner in public, leave immediately. If the petitioner contacts you, do not respond—document the contact and report it to your attorney.

Arrest Without Warrant

Under ARS § 13-3601(B), law enforcement may arrest you without a warrant if they have probable cause to believe you violated an Order of Protection. This means the petitioner’s statement alone may be sufficient to trigger your arrest.

Grounds for Contesting an Order of Protection

Not every petition for an Order of Protection is valid. Arizona law requires that the petitioner establish specific grounds, and you have the right to challenge whether those grounds have been met.

The Allegations Do Not Constitute Domestic Violence

Under ARS § 13-3601, domestic violence requires that a specific criminal act occurred (or that imminent harm is reasonably feared). General allegations of “feeling unsafe” or recounting old arguments are not sufficient. The petition must allege conduct that would constitute a crime under Arizona law.

The Domestic Relationship Requirement Is Not Met

Orders of Protection are only available between persons with a qualifying domestic relationship. If you and the petitioner do not meet the statutory definition, the proper remedy (if any) would be an Injunction Against Harassment—which has different requirements.

The Allegations Are False or Exaggerated

Petitioners sometimes seek Orders of Protection:

• To gain advantage in divorce or custody proceedings
• Out of anger following an argument or breakup
• Based on misunderstandings or one-sided accounts
• As retaliation for unrelated disputes

At a contested hearing, the petitioner must testify under oath and be subject to cross-examination. Inconsistencies between the petition, testimony, and other evidence can demonstrate that the allegations are not credible.

Self-Defense or Defense of Others

If the alleged conduct occurred in response to the petitioner’s own aggression, you may have a valid self-defense argument. Evidence of the petitioner’s conduct leading up to the incident can be relevant to the court’s determination.

No Reasonable Fear of Imminent Harm

Even if past conduct occurred, an Order of Protection requires that the petitioner reasonably fears future harm. If circumstances have changed—for example, you have moved away, ended all contact, or have no reason to interact—the basis for the order may no longer exist.

Procedural Defects

The court must follow proper procedures in issuing protective orders. Defects that may warrant dismissal include:

• Lack of jurisdiction (wrong county or court)
• Failure to properly serve the order
• Insufficient allegations in the petition
• Judicial officer exceeding statutory authority

The Contested Hearing Process

If you request a hearing, you will have the opportunity to contest the Order of Protection before a judge in Maricopa County Superior Court.

Preparing for the Hearing

Effective preparation includes:

• Reviewing the petition to understand exactly what is alleged
• Gathering evidence that contradicts or contextualizes the allegations (text messages, emails, photographs, witness statements)
• Identifying witnesses who can testify to relevant facts
• Preparing cross-examination questions to expose inconsistencies in the petitioner’s account
• Understanding the legal standards the court will apply

What Happens at the Hearing

1. Petitioner’s case: The petitioner presents testimony and evidence supporting the order
2. Cross-examination: You (or your attorney) question the petitioner about inconsistencies, motives, and credibility
3. Respondent’s case: You present your own testimony, evidence, and witnesses
4. Petitioner’s cross-examination: The petitioner may question you
5. Closing arguments: Both sides summarize their positions
6. Court’s ruling: The judge decides to affirm, modify, or dismiss the order

Possible Outcomes

• Order dismissed: The court finds insufficient grounds; the order is terminated
• Order modified: The court adjusts the restrictions (for example, allowing limited contact regarding children)
• Order affirmed: The court finds the petition supported and the order remains in effect for one year

Even if the order is affirmed, you can file a motion to modify or terminate the order if circumstances change.

Orders of Protection and Related Criminal Cases

Orders of Protection often arise alongside criminal domestic violence charges. Understanding how these proceedings interact is important.

Separate Proceedings, Different Standards

• Order of Protection: Civil proceeding; preponderance of the evidence standard
• Criminal case: Criminal proceeding; beyond a reasonable doubt standard

You can be found to have violated a protective order even if the underlying criminal charges are dismissed or result in acquittal.

Release Conditions vs. Protective Orders

If you are arrested for a domestic violence offense, the criminal court will impose release conditions that may include no-contact provisions. These are separate from any Order of Protection. You must comply with both.

Coordination of Defense

If you have both a criminal case and a contested Order of Protection hearing, your defense strategy must account for both. Testimony at the protective order hearing can potentially be used in the criminal case. Attorney Josh coordinates defense across both proceedings to protect your interests.

Frequently Asked Questions

Can I contest an Order of Protection if I’ve already been served?

Yes. Being served with an Order of Protection does not mean the order is final. You have the right to request a hearing and present your side. Many orders are dismissed or modified after contested hearings when the petitioner’s allegations do not hold up under cross-examination.

What if the petitioner lied on the petition?

False statements on a protective order petition can be exposed through cross-examination, contradictory evidence (text messages, emails, witness testimony), and demonstrating the petitioner’s motive to lie. If the petitioner made false statements under oath, they could potentially face criminal charges for perjury or filing a false report.

Can I go back to my home if I’m excluded by the order?

No—not until the order is modified or dismissed. Even if you own the home or are on the lease, an Order of Protection can legally exclude you. You should request a hearing to contest the exclusion and, if appropriate, ask the court to modify the order to allow access to retrieve belongings with a law enforcement escort.

What happens to my guns if an Order of Protection is issued?

You must transfer your firearms to a licensed dealer, law enforcement, or an eligible third party within 24 hours of service. You must then file proof of transfer with the court. Possessing a firearm while subject to a protective order is a federal felony under 18 U.S.C. § 922(g)(8). This is one of the most serious consequences of a protective order and should not be ignored.

Can the petitioner drop the Order of Protection?

The petitioner can file a request to dismiss the order, but the court has discretion to deny the request if it believes the order is still necessary. The respondent cannot force the petitioner to dismiss the order. If you believe the order should be dismissed, your best option is to request a hearing and present evidence that the order is not warranted.

How long does an Order of Protection last?

A standard Order of Protection remains in effect for one year from the date of service. The petitioner can request renewal before expiration. If you do not contest the order, it remains on your record even after it expires.

Does an Order of Protection show up on background checks?

Yes. Active Orders of Protection are public records and can appear on background checks. This can affect employment, professional licensing, housing applications, and firearm purchases. Getting the order dismissed removes it from your record.

What’s the difference between an Order of Protection and an Injunction Against Harassment?

An Order of Protection (ARS § 13-3602) requires a domestic relationship between the parties and is based on domestic violence allegations. An Injunction Against Harassment (ARS § 12-1809) is used when there is no domestic relationship and is based on harassment allegations. The procedures and legal standards differ, though both result in court-ordered restrictions.

Phoenix and Maricopa County Order of Protection Defense

Attorney Josh represents respondents in Order of Protection proceedings throughout the Greater Phoenix area, including hearings in:

• Maricopa County Superior Court — All contested Order of Protection hearings
• Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, and Glendale — Cases involving residents throughout the Valley
• Coordination with criminal courts — When protective orders overlap with pending criminal charges

Understanding local court procedures and presenting an effective case at the contested hearing requires preparation and experience with protective order proceedings.

Schedule a Consultation

If you have been served with an Order of Protection in Phoenix or Maricopa County, contact The Law Office of Joshua A. Lopez for a consultation. Attorney Josh will review the petition, explain your options, and help you prepare to contest the order at a hearing.

Call (480) 386-1824 or complete the contact form to schedule your consultation.