Order of Protection in Arizona
If you are a victim of domestic violence, you may want to file for an Order of Protection. To be eligible for this form of protection, you must be dealing with domestic violence from someone with whom you have a particularly close relationship, such as a family member, roommate, intimate partner, or someone you have a child in common with. This differs from an Injunction Against Harassment, which can be filed against anyone. Orders of Protection are described in detail in A.R.S. 13-3602.
Petitions for Orders of Protection can only be filed against one person. The petition must include the defendant’s contact information, dates of the domestic violence acts, your relationship with them, whether there are any prior or pending orders sought or received against them, and any desired relief.
The court will issue the Order or Protection if they find reasonable cause to believe the defendant has committed an act of domestic violence within a specific past time period, or if they believe the defendant may commit an act of domestic violence in the future. The OOP prohibits the defendant from committing acts of violence toward the plaintiff, grants one party the exclusive use of the residence if necessary, and prohibits the defendant from contacting the plaintiff. Additionally, if deemed necessary, the court can issue additional restrictions or requirements regarding issues such as firearm possession or treatment programs.
A defendant is permitted to request a hearing to object to the Order of Protection during the time within which it is still active and valid. Upon reviewing the evidence at the hearing, the court may find that the OOP should remain in place. However, the court can also choose to quash (dismiss) the order.
Orders of Protection remain in place for two full years from the date they were served.
If you have been served with an Order of Protection you would like to object to, or if you need assistance in filing a petition for one, call Rideout Law Group to make sure the process goes smoothly.
Rideout Law Group handles cases throughout the entire state of Arizona, with offices located in Scottsdale and Lake Havasu City. Our attorneys are experienced in handling Orders of Protection and other restraining orders. For a free consultation, call 480-584-3328.