What You Need to Know About Arizona Restraining Orders: The Basics
In Arizona, a restraining order can protect someone from potential violence. Here’s everything you need to know about Arizona restraining orders.
Arizona recognizes both Orders of Protection and Injunctions Against Harassment as restraining orders. These orders can protect an individual from someone who is a danger to them. Individuals looking to go through the Arizona restraining order process may file a petition with a court.
What Restraining Orders Can Do in Arizona
Arizona protective orders serve to keep an individual away from someone who may cause them harm in the future. Protective orders in Arizona can prohibit someone from coming near a home, workplace, school, or other location. They can also provide a petitioner one year of legal recourse if the defendant violates their order.
Related: Understanding the Rights of Domestic Violence Survivors
Types of Protection Orders in Arizona
Arizona has two types of protective orders: Orders of Protection and Injunctions Against Harassment.
Orders of Protection are court orders to protect an individual from someone they currently live with, have lived with in the past, or an immediate family member. Courts may protect individuals from a current or former spouse, a past roommate, or a guardian through an Order of Protection.
Injunctions Against Harassment are court orders to protect an individual from someone with whom they have no relationship. To receive an Injunction Against Harassment, an individual must have faced at least two specific acts of harassment from the defendant in the last year.
Restraining/Protecting Orders for Domestic Violence in Arizona
Individuals facing domestic violence in Arizona may choose to seek an Order of Protection. Arizona recognizes the many acts as types of harassment and domestic violence, including:
- Assault
- Abuse
- Criminal damage
- Crimes against children
- Endangerment
- Threatening and intimidating behavior
Eligibility for a Restraining Order in Arizona
Any individual may file a restraining order in Arizona. An Arizona court will determine if issuing a restraining order is necessary to protect the safety of the filer.
In Arizona, a judge will issue a restraining order if they believe it reasonable that a defendant may commit an act of violence or that they have committed an act of violence within the past year.
Related: How Domestic Violence Affects Alimony: Family Code 4320
How to File a Restraining Order in Arizona
Individuals seeking a restraining order must follow the Arizona restraining order process. If an individual in Arizona is seeking an Order of Protection, they must first petition to file one. Individuals can use the AZPOINT Portal to print a draft of their petition. Individuals can then file their petition for an Order of Protection at their local Arizona court.
After receiving a petition for an Order of Protection, an Arizona judge will grant or deny the request. If the judge grants the Order of Protection, the court will send the order to the defendant.
FAQs About Arizona Restraining Orders
What is the difference between a restraining order and protective order in Arizona?
There is no difference between a restraining order and protective order in Arizona. Both terms may be used interchangeably to refer to an order protecting an individual from another.
How long is a protective order valid in Arizona?
In Arizona, a protective order is valid for one year from its service date. If a protective order is not served within a year, it expires automatically.
Can I delay the service of a protective order in Arizona?
A petitioner may request a delay in service for up to 72 hours after an Arizona court grants them a protective order. Individuals may choose to delay the service of a protective order to put themselves in a safer position before delivering the order.
Can a defendant request a hearing after receiving a protective order?
After an Arizona court delivers a protective order to a defendant, the defendant may request a hearing to contest the order. The petitioner of the order must attend this hearing. If they do not, the court may dismiss their protective order.
Can I get a temporary restraining order in Arizona?
If an individual would like a short-term protective order in Arizona, they may petition for one. Temporary restraining orders in Arizona protect an individual for up to ten days. Individuals may choose to get a temporary restraining order prior to taking further protective actions.
Contact Us
If you or a loved one would like to learn more about Arizona Restraining Orders, get your free consultation with one of our Divorce Attorneys in Arizona today!