What is an Order of Protection?

An Order of Protection is a court order prohibiting a specific person (defendant) from coming near a home, workplace, or other location listed in the document. The person asking for the order (plaintiff) must have a relationship (family, sexual, roommate, etc.) with the defendant – See the Relationship Test. If they do not pass the Relationship Test, they may file a request for an Injunction Against Harassment instead.

1. Fill out the petition for an Order of Protection either online at AZPOINT or on paper (be aware that if you complete your document on paper, you may have to reenter it digitally on the court’s computer) describing the act or acts of domestic violence that were threatened or committed against the plaintiff by the defendant. Injunction Against Harassment
2. File the petition with the court clerk or, where possible, Protective Order Center
3. Appear before a judge to explain why an Order of Protection is needed.

Depending on what the plaintiff requests, if the judge finds that the defendant may commit or has committed an act of domestic violence, the judge may issue an Order of Protection that:

• Orders the defendant not to commit acts of domestic violence,
• Gives the plaintiff exclusive use of a house that both people previously shared,
• Prevents the defendant from coming near the house or apartment, place of employment, or school of the plaintiff,
• Prohibit the defendant from possessing guns,
• Restricts access to children,
• Protects any animal that is owned by the plaintiff or the defendant, and
• Includes any other relief necessary for the protection of the plaintiff.

The Order of Protection is not in effect until it is officially served on the defendant. Once served, the defendant has a right to oppose the order and have a court hearing.

What if the person does not live in Arizona?

If threatened or in danger from someone that does not live in Arizona, an Order of Protection or Injunction Against Harassment may be issued. The victim would follow the same process as others seeking an Order of Protection. The judge would assign service with law enforcement, who would then coordinate with law enforcement in the state where the defendant lives.

Resources:

Complete the paperwork for an Order of Protection online at - AZPOINT

Fill out and print the Order of Protection paperwork - Protective Order forms

Arizona Coalition to End Sexual and Domestic Violence webpage 

Address Confidentiality Program (Secretary of State)

Arizona Rules of Protective Order Procedure